CHANDRABHANU DEB Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is a petition under Art. 226 of the Constitution by the owner of Killa Aul for a declaration that the provisions of the Orissa Estates Abolition Act, 1951 (Orissa Act I of 1952) do not apply to Killa Aul and for other consequential reliefs.

(2.) The petition was filed on 17-12-52 and in that petition the validity of the said Act was challenged on various grounds. These are very similar to those taken by the zamindars of Ganjam in -- 'Gajapati Narayana Deo v. State of Orissa', AIR 1953 Orissa 185 (A), which have been negatived by the Supreme Court on 29-5-1953, vide -- 'Gajapati Narayan Deo v. State of Orissa', AIR 1953 SC 375 (B). The limited question for consideration at present is whether Killa Aul is an 'estate' as defined in Section 2(g), Orissa Estates Abolition Act, and whether the petitioner is an 'Intermediary' as defined in Section 2(h) of that Act.

(3.) In the suit brought by the Raja of Kanika -- 'O. S. No. 1 of 1953 (Orissa) (C), the same question has been discussed at some length in respect of Killa Kanika which is adjacent to Killa Aul. There it was pointed out that for the purpose of deciding whether Killa Kanika was an 'estate' within the meaning of Section 2(g) Orissa Estates Abolition Act, one has to examine whether it was an 'estate' as defined in Section 3(2)(a), Bengal Land Registration Act, 1876 and in Section 3(7), Orissa Tenancy Act. In the present petition also the same reasonings apply and the success or failure of the petition will ultimately depend on whether Killa Aul is any land subject to the payment of land revenue for the discharge of which a separate engagement has been entered into with Government as defined in Section 3(2), Bengal Land Registration. Act, 1876.