The definition of family under the OLR Act excludes married daughters for ceiling purposes, requiring accurate categorization of land class and evidence-based inquiry.

JUDGMENT :

R.K.PATTANAIK, J.

1. Instant writ petition is filed by the petitioner assailing the impugned order dated 17^th October, 2008 passed in connection with OLR Revision Case No.01 of 2007 on the grounds inter alia that the same is legally not tenable and hence, therefore, liable to be interfered with and set aside.

2. By the impugned order in revision, the decision in OLR Ceiling Case No.06 of 2002 and order dated 4^th June, 2007 in OLR Appeal No.01 of 2006 have been set aside. In fact, a proceeding under Section 52 of the ORISSA LAND REFORMS ACT , 1960 (herein after referred as to ‘the OLR Act’) was initiated against the petitioner vide OLR Ceiling Case No.06 of 2002 for being in possession of ceiling surplus land out of Ac.22.18 decimals and in that connection, notice was issued and served on him, whereafter, he filed objection by claiming that the family consists of six members, hence, entitled to retain 12 standard acres of land and the case land not to have been irrigated one and yet was declared Class II land and in such proceeding, he was allowed to retain 15 acres of land accepting the family consisting of five members declaring the balance Ac.7.18 decimals of land as ceiling surplus. Against the decision of the Revenue Officer-cum-Additional Tahasildar, Gunupur in the ceiling proceeding, the petitioner approached learned Sub-Collector, Gunupur in OLR Appeal Case No.04 of 2003 and the same was disposed of by order dated 21^st June, 2003 with a remand, later to which, enquiry was held as per the directions issued in the appeal and ultimately, by order dated 14^th September, 2004, it was held and concluded that the petitioner has no other land at Padampur except a pucca house and after exclusion of Ac.4.90 decimals, thereby, declaring Ac.2.28 decimals as ceiling surplus and confirming the draft statement. As further made to appear, the petitioner thereafter, filed OLR Appeal No.01 of 2005 and the same was disposed of by order dated 4^th June, 2007 upholding the order of the learned court below with a conclusion that the petitioner has five family members and the married daughter was to be excluded from the family as she received a separate share by way of a gift. Against the aforesaid decision, the petitioner preferred OLR Revision Case No. 01 of 2007 and it was disposed of on 17^th October, 2008 with the decisions of lower courts below being set aside concluding that the petitioner to be in possession of ceiling surplus land of Ac.7.18 decimals inclusive of the land measuring Ac.4.90 decimals gifted to the daughter in the year 1995 subsequent to the cut-off date i.e. 26^th September, 1970 and as per the size of the family, the petitioner is entitled to retain 10 standard acres i.e. 15 acres of land. The said decision is under challenge at the behest of the petitioner.

3. Heard Mr. Dash, learned counsel for the petitioner and Mr. Nayak, learned AGA for the State.

4. The question is, whether, the decision by order dated 17^th October, 2008 under Annexure-2 is in accordance with law?

5. Before considering the plea of the petitioner vis-à-vis ceiling surplus land to be declared in a proceeding under Section 52 of the OLR Act, the Court is inclined to refer to the relevant provisions of law applicable to the case. As per Section 52 of the OLR Act, the ceiling surplus is in respect of future acquisitions and the provisions of the Act to apply mutatis and mutandis, where, lands have been acquired and held subsequent to the commencement of the Odisha Land Reforms (Amendment) Act, 1973 by any person through inheri