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1982 Supreme(Ori) 120

J.K.MOHANTY, R.N.MISRA
BHUBANESWAR PRASAD SINGH DEO – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
P.K.Misra

R. N. MISRA, C. J.

( 1 ) THIS is an application under Article 226 of the Constitution for quashing the decisions of the different authorities under the Orissa Land Reforms Act (hereinafter referred to as the 'act') in the matter of fixation of ceiling surplus lands by issue of a writ of certiorari.

( 2 ) INITIALLY there were two separate ceiling surplus proceedings under Section 42 of the Act--one against petitioner's mother Smt. Soubhagya Manjari Devi and the other against the petitioner, but later, the Revenue Officer dropped the proceeding so far as the petitioner is concerned and in a single proceeding, the entire property belonging to the petitioner and his mother was taken into consideration. By his order dated 11-11-1976 (Annexure 1), the Revenue Officer stated:--

". . . . . . . . . But I hold that Bhubaneswar Prasad Singh Deo (petitioner) being unmarried (though living in separate mess) should be included as a member of his mother Smt. Soubhagya Manjari Devi's family. Soubhagya Manjari Devi is entitled to retain sixteen standard acres. . . . . . . . . "

Petitioner's stand that he was entitled to a separate ceiling area has been uniformly rejected in appeal and revision,

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