CHAITAN SAHU Vs. DWIJABAR PRADHAN AND TWO ORS.

JUDGEMENT

(1.) THIS is an application under Articles 226 and 227 of the Constitution of India, for a writ of certiorari to quash the impugned order of the Additional District Magistrate, Pori, dated 1 -12 -1969 and the order of the Additional Tahasildar, Bhubaneswar, dated 9.9.1969 and to direct the latter to proceed with the O.L.R. Case No. 136 of 1966.67.

(2.) THE facts, which are not in dispute, may now be stated, as related by the Petitioners A.0.98 1/2 decimals of land appertaining to northern part of plot Nos. 43 and 46 of Khata No. 68 of Mouza Atala originally belonged to opposite party No. 2. He was in khas possession of the same. On 15 -1 -1963 he executed and registered a deed of mortgage by conditional sale in favour of the Petitioner for a consideration of Rs. 1000/ -. The southern portion of the aforesaid plots, 43 and 46, had been purchased by and was in possession of opposite party No. 1. Opposite party No. 1 instituted O.T.R. Case No. 3 of 1965.66 on 14.4.1965 in respect of this 98 1/2 decimals of land, claiming that he was the Bhag -tenant in respect of the Same. He impleaded the Petitioner and opposite party No. 2 in that O.T.R. Case where he alleged that he and his father were the Bhag chasis in respect of that land. While this case was being tried by the O.T.R. Collector, Bhubaneawar, on 1.10.1965 the Orissa Land Reforms Act came into force, except Chapters III and IV. On 9.12.1965 Chapter III of the Act came into force. Opposite party No. 1 filed an application under Sub -section 1(i) of Section 4 of the O.L.R. Act for a declaration, that he is a raiyat under opposite party No. 2 in respect of the disputed land, before the Additional Tahasildar, Bhubaneswar, which was numbered as O.L.R. No. 136 of 1966. 67. The Petitioner and opposite party No. 2 were impleaded in this O.L.R. Case No. 136 of 1966.67.

(3.) THE O.T.R. Act (hereinafter to be referred to as the Act was a temporary Act which had undergone a number of extensions and the last extension was to expire on 31.12.1965 but he fore that it was repealed on 1.10.1965 by Section 74(1) of O.L.R. Act. The rights created, or privileges conferred, were also temporary in nature. The preamble of the Act lays down: