MAHENDRA Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) THIS application arises out of a proceeding initiated under the Orissa Land Reforms Act, 1960 (for short, ''the Act '') determining the area within the limits of the ceiling to be retained by the land holder.

(2.) THE question that arises for consideration is as to within the Act provides for any cut -off date, i.e. the date with with reference 'to which the right of the land holder to retain the extent of the area is to be determined.

(3.) THE Petitioner filed an appeal for this relief, but the appellate authority also rejected his claim by his order in Annexure -2 and held that the right of the land holder pad to be determined with reference to the facts prevailing at the time of enforcement of Chapter IV of the Act, and therefore, the subsequent increase ill the number of the family members could not be taken into account for allotment of the ceiling area.