RANI RATNAPROVA DEVI BAJA SANKAR PRATAP SINGH DEO MAHINDRA BAHADUR PAT RANI SAHEBA OF KEONJHAR MAHARAJA RAJINDER NARAYAN SINGH DEO RAJA BHANUGANGA TRIBHUBEN DEB MAHARAJA PRATAP KESHARI DEO RAJA T M H MAHAPATRA BAJA BIR UDIT PRATAP SHEKHAR DEO Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioners in these three petitions have moved this Court under Art. 32 of the Constitution and claimed a declaration that the operative provisions of the Orissa Private Lands of Rulers (Assessment of Rent) Act, 1958 (hereinafter called 'the Act') and the Rules framed thereunder are unconstitutional and ultra vires. The private lands in the possession and enjoyment of the three respective petitioners have been assessed by the Revenue Officers in conformity with the Rules framed under the Act. The petitioners claim a writ, or direction, or order in the nature of certiorari quashing the said orders of assessment.

(2.) The petitioner in Writ Petition No. 140 of 1962 is the Patrani Saheba of Keonjhar and is in possession and enjoyment of eight villages, viz., Managalpur Barigan; Nua Rampas; Nilung' Ghutru; Mohadijora; Patang and Anara in the district of Keonjhar. These villages were granted to her for maintenance a long time ago and as such, they have been recorded in the village papers as Khoraki Posaki (Maintenance Grant) Lands since the last settlement of 1918. She has held these lands without paying assessment; and her case is that the relevant provisions of the Act which authorise the levy of assessment in respect of her lands are unconstitutional and invalid. In her petition, she refered to the fact that time to time, the Government of the day had refrained from levying any assessment in respect of her lands and thereby recognised her right to hold the said villages on assessment-free basis. The Revenue Officer of Keonjhar levied an assessment in respect of the said villages purporting to act under the Rules framed under the provisions of the Act. The petitioner then preferred appeals to the Board of Revenue against the said assessment orders but these appeals were dismissed. The assessment levied against the petitioner in respect of these lands is of the order of Rs. 9000 and odd and it has to be paid by her from 1938 retrospectively.

(3.) The petitioner is W. P. No. 79 of 1963 is Smt. Rani Ratan Prova Devi who is the wife of Raja Sankar Pratap Singh Deo Mohindra Bhadur, ex-Ruler of Dhenkanal State in Orissa. At the time when the State of Dhenkanal merged with India, the petitioner was in possession and enjoyment of lands in facie villages as a proprietor. In respect of these lands, assessment had never been levied; but purporting to give effect to the relevant provisions of the Act, the Revenue Officer, Dhenkanal assessed rent in respect of all the lands which are in possession and enjoyment of the petitioner. The appeals preferred by the petitioner against the said order of assessment failed; and so, the petitioner filed the present writ petition challenging the validity of the Act as well as the validity of the assessment order.