G. B. PATNAIK J.

( 1 ) THE petitioner has been treated as a ceiling surplus holder under the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as 'the At') and challenges the decision of the Member, Board of Revenue as well as the competent authority under the Act.

( 2 ) THE petitioner's case, in brief, is that his father late M. Suba Rao died leaving behind three sons and three daughters and in a family partition. The properties of the joint family consisting of M. Suba Rao and his children were divided. The family partition is of the year 1951 and the registered partition deed is dated 27-3-1951. But they had a piece of land in mouza Ramgarh measuring Ac. 4. 928 decimals which was kept joint. After the Act came into force on 17-2-1976, the petitioner submitted a return indicating therein that his residential land together with the building standing thereon in mouza Patapur measures ac. 0. 097 decimals and he had acquired another piece of vacant land adjacent to his house measuring Ac. 0. 299 decimals and he had 1/6th interest in the joint family property in mouza Ramgarh. The competent authority framed a draft statement indicating therein that is the joint