JAGANNATH PRATIHARI AND ORS. Vs. LOKONATH PATNAIK AND ORS.

JUDGEMENT

(1.) THIS is a petition to revise an order dated 21 -1 -48 passed by the Revenue Divisional Officer, Chatrapur, declining to stay a commutation proceeding under Section 40 of the Madras Estates Land Act merely because Government have issued orders under Section 164 of that Act directing the preparation of record -of -rights for village Potlampur in Chatrapur Talluk of Ganjam District.

(2.) THE material facts are these: The Petitioners are Inamdars of village Potlampur and the Government of Orissa by a notification dated the 19th march, 1948 directed a survey and preparation of record -of -rights of this village. The said notification was issued under Sub -section (1) of Section 164 of that Act. Prior to the issue of the said notification the opposite party, who are all ryots of the village had filed an application for commutation of rent under Section 40 of the Act and it was pending before the Revenue Divisional Officer. The Inamdars relying on Sub -section (2) of Section 178, urged before the Revenue Divisional Officer that the commutation proceeding should be kept pending in view of the express provisions of that Sub -section. The R.D.O. however, rejected their prayer and hence this revision petition.

(3.) SURVEY and settlement proceedings are broadly divided into two stages. In the first stage, there is survey and preparation of record -of -rights. For that purpose an order of the State Government is required under Sub -section (1) of Section 164. After the preparation of record -of -rights the State Government may on certain conditions; being fulfilled direct the settlement of fair and equitable rent. This direction is issued under Section 168(1) of the Act. Sub -section (1) of Section 118 deals with the stage after the order for settlement of fair and equitable rent has issued; whereas Sub -section (2) deals with the stage between the date of the order directing survey and preparation of record -of -rights under Section 164(1) and the order directing settlement of fair and equitable rent under Section 168. These sections are found in Chapter XI dealing with survey, record -of -rights and settlement of rents. Apart from the provisions of that Chapter, every landholder and a ryot is conferred a right to seek the help of the Revenue Court for the purpose of ; (1) enhancement of rent where rent is paid in cash and not in kind (Section 30); (2) reduction of rent where rent Is paid in kind (Section 88); (3) commutation of rent payable in kind (Section 40) and (4) alteration of rent where there is alteration in the area of the holding (Section 42). Sub -section (1) of Section 178 leaves no room for doubt or ambiguity. All pending proceedings either for enhancement of cash rent or reduction of cash rent or commutation of rent shall be stayed as soon as an application is made under Section 168 for settlement of fair and equitable rent. The necessity for this Sub -section is obvious. Once settlement operations are commenced in a particular area and a direction has issued for settlement of fair and equitable rent in that area it is desirable that such settlement of rent should be made only by the settlement authorities who have specialized in that work and all proceedings pending in the Revenue Courts either for enhancement of rent or reduction of rent or commutation of rent should be stayed. Settlement of fair and equitable rent may involve either enhancement or reduction of the cash rent already paid or commutation on a fair and equitable basis of produce rent Into money rent. Settlement Officers are in a much better position to decide these questions than Revenue Courts.