STATE OF ORISSA Vs. NITYANAND SATPATHY

JUDGEMENT

(1.) A large tract of land situate in Village badagaon, Puri was part of the estate of one manindra Chandra Sinha.

(2.) On 24-8-1953, the Orissa State Legislature enacted an Act known as Orissa Estates abolition Act (hereinafter referred to as "the Act"). The said Act came into force with effect from 24th August, 1953. Section 5 of the Act provided that all non-agricultural land shall -vest in the State. Since the land undisputedly was non-agricultural land, the same vested in the State. It appears that after the death of Manindra Chandra Sinha, his sons executed certain leases. The Dy. Collector, Puri by an order 10-8-1957 revoked those leases. It may be mentioned that Manindra Chandra sinha died in the year 1922 and by virtue of a will, his sons, namely, Bimal Chandra Sinha, amresh Chandra Sinha and Brundaban chandra Sinha succeeded to the aforesaid estate upon obtaining a probate. All the sons of manindra Chandra Sinha applied in 1959 for settlement of the said land in their favour under section 7 of the Act. Although two of the sons have already died during pendency of the application, the Collector by order dated 17- 6-1964 settled the aforesaid land in favour of the sons of Manindra Chandra Sinha.

(3.) Thereafter certain proceedings under the Ceilings Act were initiated against the sons of Manindra Chandra Sinha but we are not concerned with those proceedings in the present case. Subsequently, the sons of manindra Chandra Sinha by separate registered sale deeds dated 13-6-1983 sold the aforesaid land in favour of respondents herein. On 1-1- 1992, the Board of Revenue under Section 520 38b of the Act exercising suo motu power revoked the settlement of the aforesaid land granted in favour of the sons of Manindra chandra Sinha, inter alia, on the ground that the land being Anabadi land, had already vested in the State and thus the said land could not have been settled in favour of the sons of intermediary. The respondent-transferees thereafter filed a petition under Section 226 of the constitution before the High Court. The High court by the impugned order allowed the writ petition and set aside the order passed by the board of Revenue. Aggrieved the State of orissa has filed this appeal by means of special leave petition.