N. H. Bhagwati J. - (1.) This appeal with a certificate under Arts. 132 and 133 (1) (c) of the Constitution arises out of a writ petition filed by the respondent in the High Court of Orissa under Art. 226 seeking to quash the proceedings taken by certain tenants of his private lands under the provisions of the Orissa Tenants' Protection Act, 1948 (Orissa III of 1948), hereinafter referred to as the 1948 Act.
(2.) The respondent was the ruler of the erstwhile Khandapara State which merged with the Province of Orissa under the States' Merger (Governor's Provinces) Order, 1949 with effect from 1-8-1949. The respondent had on 14-12-1947 entered into an agreement with the Governor-General of India Art. 3 whereof provided that: "The Raja shall be entitled to full ownership, use, and enjoyment of all private properties (as distinct from State Properties) belonging to him on the date of the agreement."
(3.) That article further provided that if any dispute arose as to whether any item of property was the private property of the Raja or State property, it shall be referred to such officer with judicial experience as the Dominion Government might nominate and the decision of that officer shall be final and binding of both parties. The respondent claimed a number of properties and the matter was referred to the Adviser for Orissa States for determining whether all the items claimed by him could be regarded as his private properties. On 10-6-1949, the Adviser communicated his decision that the respondent was entitled to 1,643 acres as his Khamar lands and 29 and odd acres as lands settled with his tenants. The lands comprised in the present proceedings taken under the 1948 Act as aforesaid were declared to be the private properties of the respondent.;