JUDGMENT :

A.K. Padhi, J. - Challenging the order of the Member, Board of Revenue, Orissa, Cuttack exercising his jurisdiction u/s 39(2) of the Orissa Land Reforms Act, I960 hereinafter referred to as 'the Act'), the petitioners have filed this writ application.

2. In the writ application, it has been averred that a suo matu proceeding was initiated against the two brothers Bamadev Satpathy and Durga Charan Satpathy sons of late Bholanath Satpathy. By the time of initiation of the proceeding the father of the petitioners was dead. Both the petitioners had filed written statements taking the stand that both the brothers were separated from each other in mess and property since 30 years and they do not constitute one family. The further stand of the petitioners was that they did not have property beyond the ceiling unit permitted under the Act.

3. After considering the written statements of the petitioners in O. L. R. Case No. 608 of 1975 by order dated 29-11-1975 the competent authority held that the land holders did trot possess land more than the ceiling area and, therefore, dropped the proceeding. Against this order dated 29-11 1975 no appeal was filed.

4. On being moved by the Colle