NILAMBAR PATREE Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Petitioner has come up before this Court challenging the order dated 25.9.2000 passed by the Tahasildar, Rourkela in Revenue Misc. Case No. 24 of 1975 under Annexure -4, wherein the Tahasildar declined to recognize the Petitioner as a tenant in respect of the suit land and to accept rent thereof from him. and praying to quash the impugned order dated 25.9.2000 and to direct the opposite parties to recognize him as a tenant in respect of the suit land in question and to accept rent from him for the suit land in terms of the order dated 23.3.1979 passed by the Tahasildar, Kuanrmunda vide Ans -2.

(2.) THE brief facts leading to the writ application tend to reveal that in 1952, the Petitioner, who was a High school teacher and the Palace tutor, applied to the Ex -intermediary of Nagra Estate, Kuanrmunda, in the district of Sundergarh for grant of lease of the suit land measuring Ac. 0.88 decimals in Sabik Plot No. 623, under Khata No. 132 of village Raghunathpalli in the district of Sundergarh. On 15.10.1952, a Hukumnama was granted to the Petitioner in respect of the suit land in Reclamation Case No. 243/1952 -53 vide Annexure -1. By virtue of the said Hukumnama , the Petitioner became a tenant under the Ex -Zamindar of Nagra Estate. On 27.11.1952, a notification was issued under Section -3 of the Orissa Estates Abolition Act, wherein the intermediary interest of Nagra Estate in Mouza Raghunathpalli vested in the State Government.

(3.) ACCORDING to the Petitioner, by operation of law, the Petitioner being a tenant under the Ex -intermediary prior to such date of vesting, he continued as a tenant under the State as per Section 8(1) of the Orissa Estate Abolition Act. The Estate of the Ex -Intermediary after vesting, he submitted the Register of Hukumnama to the Tahasildar showing the names of the tenants including that of the Petitioner. On 4.8.1975, the Petitioner submitted an application before the Sub -Collector, Panposh, Rourkela to accept rent from him, because the Revenue Authorities were time and again making attempt to demolish the house standing over the suit land. The S.D.O., Panposh, Rourkela, forwarded the application of the Petitioner to the Tahasildar, Kuanrmunda, who registered the same as Revenue Misc. Case No. 24/1975 for fixation of rent in respect of the suit land. On 18.8.1975, the Tahasildar, Kuanrmunda issued notice to the Petitioner directing him to produce the relevant documents. The Petitioner appeared before the Tahasildar and produced the relevant documents such as Hukumnama granted to him in Reclamation Case No. 243/1952 -53, vide Annexure -1 and the rent receipts granted by the Ex -intermediary. After receiving the documents, the Tahasildar made an inquiry through the Revenue Inspector to know the truth on the claim of the Petitioner, and as to whether the Petitioner has reclaimed the suit land and is continuing in possession of the same and has paid the rent to the Ex -intermediary. Thereafter on 24.2.1976, after a number of adjournments, the R.I. submitted the report and the Tahasildar directed the Bench Clerk to verify the same. About three years after, on 12.2.1979 the Tahasildar directed the Petitioner to file original Hukumnama and rent receipts and the Bench Clerk was also directed to produce the register of Hukumnama. On 23.3.1979, the Tahasildar passed the following orders: