ARUN KUMAR PANDEY Vs. REVENUE OFFICER AND TAHASILDAR

JUDGEMENT

(1.) THE petitioner in this writ application seeks to challenge the order dated 14.9.1987 passed by the Additional District Magistrate, Sambalpur now District Jharsuguda. Pursuant to that order, OLR Case No. 365 of 1976, which was dropped by the Revenue Officer by his order dated 30.4.1978.

(2.) THE limited facts of the case are that a proceeding under the OLR Act was initiated against the petitioner as OLR Case No. 365 of 1976 on account of the petitioner having failed to submit a return as required under Section 40(A) of the OLR Act. That proceeding culminated by the final order passed on 30.4.1978.

(3.) THE said order indicates the genealogy of the family and thereafter, the Revenue Officer held that partition amongst the legal heirs was affected during the year 1943 by mutual family arrangement. He also further found that at the time of local enquiry the separate houses having separate kitchen, cow -sheds, thatching floors and the original family has emerged into a large society having their own economic interest. Based on the local enquiry and the aforesaid findings, he accepted the contention of the petitioners as regards division and sub -divisions of the land amongst the share holders and each co -petitioners.