SHAKUNTALA DEVI Vs. THE STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) PETITIONER , a lessee from an ex -intermediary, has asked for quashing of the appellate decision rendered under the Orissa Estates Abolition Act in a proceeding under Section 5(i) thereof by which the appellate authority has upheld the cancellation of the lease. Petitioner claimed to have obtained a permanent lease for agricultural purposes of certain lands appertaining to Touzi No. 2543 on 20th of March, 1933, from the predecessor -in -interest of opposite party No. 4. The lands in question were recorded in the Current Settlement Record -of -Rights as Abadajogya Anabadi (waste land fit for cultivation). Petitioner claims that she was put into possession by the lessor and continued to enjoy the property by payment of taxes to the local Panchayat and rent to the ex -intermediary. The estate vested under the provisions of the Estates Abolition Act on 1 -5 -1954. The ex -proprietor in the Tenants' Ledger furnished to the revenue authorities indicated the Petitioner to be in possession of the property as a lessee. Petitioner also claims that in the claim laid by the ex -intermediary before the Compensation Officer, Petitioner's name was also shown as a tenant in possession in the statutory return. After vesting, Petitioner approached the Revenue Officers to receive rent from her on the basis of the Tenants' Ledger. Rent was, however, not accepted and a proceeding under Section 5(i) of the Estates Abolition Act was initiated by the Sub -Divisional Officer, Cuttack. Several other persons had also taken leases from the ex -proprietor of the Touzi and similar proceedings were initiated against them.

(2.) AT the instance of the Petitioner, the records of the proceedings were called for and we had the advantage of perusing the records during hearing of the application.

(3.) AS already indicated, the proceedings were initiated by the Sub -Divisional Officer at Cuttack and the records were transferred to the Estate Abolition Collector at Bhubaneswar when the area covering the lease was transferred to the district of Puri. There is considerable amount of dispute as to the genuineness of the Tenants' Ledger. Reports furnished by the Tahsildar of Cuttack which have been extracted in the writ application and correctness whereof has not been disputed in the counter affidavit, cast a lot of doubt on the genuineness of the Tenants' Ledger. Appropriate investigation has not been made about the genuineness and the same has been accepted as correct and the dispute has been resolved against the Petitioner mainly relying on such a document.