T V V NARASIMHAM Vs. STATE OF ORISSA

JUDGEMENT

(1.) These appeals raise the same point, namely, the true interpretation of the expression "recognised" in S. 3(2) (d) of the Madras Estates Land Act (1 of 1908), hereinafter called the Madras Act, and they can be disposed of together.

(2.) The facts giving rise to the said appeals may be briefly stated. The Government of Orissa treating the villages, which are the subject- matter of these appeals, as "estates" issued notifications declaring that the said estates became vested in the State free from all encumbrances from the dates specified therein. The inamadars of the respective villages filed petitions in the High Court of Orissa under Art. 226 of the Constitution for the issue of an appropriate writ for canceling the said notifications and for orders prohibiting the State from taking possession of the said villages.

(3.) The said villages can be placed in three groups, namely (i) villages covered by Appeals Nos. 150, 151 and 155 which are admittedly within the geographical limits of Jeypore Zamindari which was settled in the year 1603; (ii) villages covered by Appeals Nos. 149, 154 and 157 which are within the geographical limits of Kotpad Paragana as settled in 1863, but the terms whereof were subsequently modified in 1901 - the Kotpad Paragana, though it had separate existence at the time of the permanent settlement of the Jeypore Zamindari in 1803, had become part of the said Zamindari by subsequent events, the details whereof do not concern us at this stage; (iii) villages covered by Appeals Nos. 147, 148, 152, 153 and 156 of 1962 in regard to which there is a dispute whether these villages formed part of Kotpad Paragana or of the Jeypore Zamindari as originally settled in 1803.