- (1.) Special leave granted.
(2.) Under the orissa Land Reforms Act, 1960 as amended by Act 44 of 1976 the power to determine as to whether a trust is a privileged raiyat vests exclusively with the tribunal constituted under the said Act. The tribunal canfurther go into the question as to whether a trust which was a privileged raiyat ceased to be so or continues to hold the said status when the amended Act came into force. It is not disputed before us that the question as to whether the respondent-trust was a privileged raiyat has not been determined by the tribunal. We are of the view that the High court fell into patent error in holding that the respondent-trust was a privileged raiyat. This is a matter which can only be determined by the tribunal. We set aside the impugned judgment of the High court dated 9/02/1993 and send the case back to the Collector with the direction that he should make a reference to the tribunal for determining the question as to whether the respondent-trust is a privileged raiyat under the Act. The appeal is allowed. No costs.;