LAND REFORMS COMMISSIONER Vs. REVENUE OFFICER AND ORS.

JUDGEMENT

(1.) IN this case the Collector, Kalahandi has moved the Board of Revenue under Section 59(2) to revise the order of the Revenue Officer, Nawapara passed in his Case 903 of 1975 determining the ceiling and surplus lands of Hirasingh Dharua and Bohirin Dharua.

(2.) A draft statement was Prepared by the Amin showing Hirasingh Dharua, son of Dokara Dharua as a person holding along with Bohirin Dharua, son of Piladekhan Dharua 5631 acres of land in village Salihakala. On 27 September 1975 the draft statement was asked to be published inviting objections. Do 5 December 1971 the Revenue Officer conducted an enquiry in the village. A Tadansingh Majhi son of Hirasingh Majhi stated that he and other successors of Hirasingh and Bohirin had landed property in Salihakala, Salikhurdu and Jhalbaha1. While the record does not indicate when Hirasingh and Bohirin died it is stated that Tadansingh produced two partition deeds executed in the year 1972 one between the widow of Hirasingh Dharua and the son of Bohirin Dharua and the other between their children. It was claimed that the lands which had been jointly recorded in the name of Hirasingh and Bohirin had been amicably divided and were being separately cultivated for over ten years. An affidavit which was asked to be filed showed that 87.48 acres of land which has been jointly held in three different villages had been divided.

(3.) I have perused the records and heard the parties. The proceedings have been conducted in a most haphazard manner and are full of irregularities.