Sikri, C. J. - (1.) The appellant Chander Sekhar Singh Bhoi, in Civil Appeal No. 854 of 1968, filed a petition under Art. 226 of the Constitution (No. O. J. C. 329/1965) in the Orissa High Court, challenging the Orissa Land Reforms Act of 1960, hereinafter referred to as the Principal Act (Act XVI of 1960) as amended by the Orissa Land reforms Act, 1965 (Act XIII of 1965) hereinafter referred to as the Amending Act. He alleged that he owned about 220 acres of self-cultivated land and that he had about 5 acres of Bhag-char land.
(2.) This petition was heard along with a number of other petitions by the High Court, and the High Court but its common judgment dated 30th January, 1967 disposed of all these petitions The High Court came to the conclusion that "Chapter III of the Amending Act is a valid piece of legislation or in other words, it does not suffer from any invalidity, but Chapter IV of the Amending Act is unconstitutional and invalid and accordingly it is struck down." The High Court accordingly allowed the petitions in part and directed the State not to give effect to the provisions of Chapter IV of the Amending Act.
(3.) The State filed a number of appeals against that judgment and this Court (Shah and Vaidialingam, JJ.) allowed the appeals by the High Court declaring Chapter IV of Act XIII of 1965 amending Act XVI of 1960 ultra vires (State of Orissa v. Chandra Sekhar. (1970) 1 SCR 539 ) Civil Appeals Nos. 1028, 1033 and 1097/1968, 1865-67 and 2487/1969 are by the State of Orissa (hereinafter referred to as the State appeals) but these could not be heard by this Court (Shah and Vaidialingam, JJ.) The present appeal (C. A. No. 854 of 1968) was also not heard with the other appeals.;