RAJAMANI BAHINIPATI Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN the present writ application, the Petitioner has sought to challenge the Order Dated 10.9.1991 passed by the Member, Board of Revenue, Orissa, Cuttack in O.L.R. Revision No. 14 of 1989 holding that Gopinath was not entitled to a separate ceiling and the land of Gopinath was tagged along with that of his mother Rajamani for the purpose of allotment of a single unit.

(2.) SHORN of unnecessary details, the essence of the case as would be available in the revisional order itself, indicates that the State had accepted the fact that Gopinath was the "major" and the family had "separated" by way of partition in the year, 1965 and these facts remained uncontroverted/unchallenged. The question that arose for consideration was as to whether Gopinath was "married", prior to the cut -off date or post cut -off date. The State authorities based their conclusions on the "report" of the local committee that Gopinath was not married till 26.9.1970, i.e., cut -off date and he was major and separated by partition prior to the cut -off date since he was unmarried by the said date, he was, therefore, not entitled for separate ceiling.

(3.) IN fact, it is asserted in paragraph -15 of the Writ Petition that Gopinath married much prior to the cut -off date, i.e. 26.9.1970 and supporting it, he has filed xerox copy of birth certificate issued by Bhejaput Gram Panchayat in favour of his son, which indicates that a son was born to Gopinath and his wife on 23.6.1971. Apart from the first note of submission, the Petitioner filed an additional note of submission along with certain documents on 2.7.1991, i.e., the date fixed by the Commissioner for filing of all documents and this additional note contained a submission that the matriculate certificate of Gopinath's son would indicate that Gopinath's School Leaving Certificate was filed along with this note on 23.7.1971.