AMINA BIBI Vs. TAHSILDAR-CUM-REVENUE OFFICER

JUDGEMENT

(1.) This writ application for certiorari was filed by a mother and her son who were petitioners 1 and 2 respectively. During the pendency of the application, the mother having died, the son has become the sole petitioner. The determination of the ceiling area in a suo motu proceeding under Section 42 of the Orissa Land Reforms Act (hereinafter referred to as the 'Act') and the decision of the appellate and the revisional authorities are assailed in this application.

(2.) It is unnecessary to examine the facts of the case as having heard learned counsel for parties at length we are inclined to take the view that the appeal preferred by the petitioners before opposite party No. 2 was within the period of limitation and the same should not have been thrown out as being barred by limitation and the appellate authority was obliged to dispose of the appeal on merit. We shall presently examine the question as to whether the appeal was barred or not barred by time.

(3.) The Revenue Officer (opposite party No. 1) initiated the proceeding by his order dated 22-2-1975 and Miscellaneous Case No. 113 of 1974 (O.L.R.) was registered. On 12-1-1976, the Revenue Officer directed issue of a revised draft statement. On 19-1-1976, the draft statement was signed and published. On 20th of Feb., 1976, the Revenue Officer directed re-issue of notice as he was not satisfied that the landholder had refused to accept notice as reported and required the objection to be filed on 28-2-1976. On the footing that no objection was filed by 28-2-1976, on 29-2-1976, the Revenue Officer made an order confirming the draft statement and directed publication thereof, as provided under Section 44 (1) of the Act. On 29-3-1976, he made the following order :-