BANSIDHAR MALIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner's case is that he was the tenant in respect of the disputed land prior to the vesting, he continued to hold the land as a tenant after the vesting and went on paying rent from the year of vesting, 1954, till the end of 1966. Opposite party no. 3 filed an application before the Tahasildar (opposite party no. 2) under Section 8 (1) of the Orissa Estates Abolition Act (hereinafter to be referred to as the Act) claiming that he was the tenant in respect of the disputed land. THE petitioner raised objection. THE Tahasildar took evidence, oral and documentary, including rent receipts, and ultimately came to the conclusion that opposite party no. 3 was a tenant on the date of vesting and would continue as such thereafter and rent is acceptable from him. It is against this order that the petitioner has filed this writ application under Arts. 226 and 227 for issue of a writ of certiorari.

(2.) SECTION 8 (1) of the Act runs thus: