Section 19 in The Orissa Land Reforms (General) Rules, 1965
19. Manner in which a partition can be ordered by a Revenue Officer under Clause (c) of Sub-section (1) of Section 19.
(1)Any person applying for an order of the Revenue Officer under Clause (c) of Sub-section (1) of Section 19 shall file an application giving a full description of the land and other details as may be necessary to effect the partition of a holding among co-sharer raiyats.(2)The application shall cite other co-sharer raiyats and the landlord as opposite-party.(3)It shall be submitted in the same manner as laid down in Sub-rules (3), (4) and (5) of Rule 10.(4)Not more than one application shall be necessary for partition of more than one holding, if situated in the same village and if they belong to the same co-sharer raiyats under the same landlord.(5)The Revenue Officer shall afford reasonable opportunity to the opposite-parties to be heard in the matter.(6)He shall make such other enquiry as he deems necessary for disposal of the application.(7)The application can be allowed only when all the co-sharer raiyats give their consent to the partition applied for.(8)If there is any difference of opinion among the co-sharer raiyats, the application for partition shall be rejected.(9)When a partition is allowed, the order of the Revenue Officer partitioning the holdings of co-sharer raiyats shall clearly mention the plots of land that are allotted to the share of every co-sharer raiyat and the amount of rent, cess and other legal dues payable by each co-sharer raiyat after partition.(10)If any survey plot is required to be subdivided in course of partition of a holding such partition shall be effected by the Revenue Officer only after causing necessary enquiry to be made before the final order of partition is made :Provided that no such subdivision shall be made nor the enquiry required for making such subdivision shall be taken up until the prescribed fees an paid by the applicant :Provided further that if such fees are not paid within such time as may be allowed by the Revenue Officer, the application for partition shall be rejected.
