SURESH MOHANTY Vs. MST. SATYABHAMA MOHANTY

JUDGEMENT

(1.) IN this writ application arising out of a proceeding under the Orissa Land Reforms Act (for short 'the Act'), the only question is as to whether the properties allotted to the mother of the Petitioner under a deed of partition or falling to her share by inheritance on the death of her husband could be amalgamated with the lands of the Petitioner, i.e., her son, while determining the ceiling surplus lands in the hands of the Petitioner.

(2.) UNDISPUTEDLY , the lands. in question are ancestral properties. The Petitioner's father died on the year 1946 leaving behind two married daughters, the Petitioner and his mother, opposite party No. 1. On 5 -4 -1965, a partition was effected by way of a registered deed of family' settlement (Annexure -I) by which the Petitioner was allotted. 33.40 acres and his mother 2960 acres of land. Both of them were separately mutated in respect of the lands allotted to them.

(3.) THE Petitioner failed to get any relief from the appellate authority, Additional District Magistrate (O.P. No. ) who. dismissed the appeal by his order in Annexure -7, as also from the revisional authority vide order in Annexure -8