D.PATHAK, S.C.MOHAPATRA
MAHARANI BEWA – Appellant
Versus
STATE OF ORISSA – Respondent
JUDGMENT :
S.C. Mohapatra, J. - This application under Articles 226 and 227 of the Constitution of India by the mother and her two married daughters, arises out of a ceiling surplus proceeding under Chapter IV of the Orissa Land Reforms Act, 1960 (hereinafter called as 'the Act').
2. The land involved in this case originally belonged to one Basistha. He had two sons, named, Chintamani and Madhab. Daitary, son of Chintamani, is husband of Petitioner No. 1 and father of Petitioner Nos. 2 and 3. He died in the year 1952 and Petitioner No. 1 as widow only became the owner of the properties by succession. In or about 13-4-1967, there was a settlement among Petitioner No. 1 and her two married daughters, Petitioner Nos. 2 and 3. Petitioner No. 1 retained 36 acres 16 decimals, Petitioner No. 2 was given 31.50 acres and Petitioner No. 3 was given 31.09 acres. While the Petitioner were possessing the properties as owner thereof, Chapter IV of the Act came into force. Petitioner No. 1 filed a return under Sestion40-A indicating the separate exclusive possession of her daughters. The Revenue Officer registered a proceeding as O.L.R. Case No. 4 of 1974. However, erroneously, he treated all the h
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