Decided on January 12,1953

BHIMA SAHU Appellant


Narasimham, J. - (1.) This is an application under Articles 226 and 227 of the Constitution against the appellate order of the Additional District Collector of Ganjam in a case under the Orissa Tenants Protection Act.
(2.) The material facts are as follows: The opposite party claiming to be Bhag-chasis applied on 11-5-50 to the Second Officer of Berhampur for protection from eviction under Section 3, O. T. P. Act, alleging that they were cultivating some lands as Bhag-chasis on 1-9-1947 and that their immediate landlord, namely V.V. Raju, the predecessor-in-interest of the petitioners, was in possession of more than thirty-three acres of raiyati lands on 30-11-1947. They further admitted that they were forcibly dispossessed from the lands by the petitioners with the help of rowdies on 15-5-49 and that in a proceeding under section 145, Cr. P. C., in the Court of the Subdivisions Magistrate, Berhampur, the latter declared the petitioners to be in possession by his order dated 30-12-49. They, however, contended that notwithstanding the decision against them in the proceeding under Section 145, Cr. P. C. they were entitled to be restored to possession inasmuch as they were Bhag-chasis who were in possession of the disputed lands on the 1st day of September, 1947, and consequently the provisions of Sub-section (6) of Section 7 with Section 3 of the O. T. P. Act applied in their case.
(3.) The learned Second officer in a summary order rejected their petition observing that in view of the order under Section 145, Cr. P. C., their remedy was by way of a suit in a Civil Court. On appeal, however, the Additional Collector set aside the order of the Second Officer and directed him to rehear the case observing that the decision in a Section 145, Cr. P. C., proceeding cannot oust the jurisdiction of the O.T.P. Act officer to make enquiries under Sub-section (6) of Section 7 of the O. T. P. Act.;

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