AMBARISH MISRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution against an, order of the collector of Bolangir dated 4-6-1963 in Estate Abolition Review case No. 8 of 1962-63 reviewing and modifying an order passed by his predecessor on 25-51955 in Estate Abolition Review Case No. 73 of 1954-55.

(2.) THE zamindari of Loisinga in Bolangir district, of which the proprietor was one dewan Chitrabhanu Singh, was taken over by Government and then one Ambarish misra (who is the petitioner, before us) filed an application under Section 7 of the orissa Estate Abolition Act in respect of 289. 54 acres of land in village Bendra within the said zamindari. His case was that the said lands were actually let out to him by the zamindar and that he was in possession. The Zamindar Chitrabhanu however contended that Ambarish was not a tenant but a mere mortgagee and that under Section 7 (1) (c) of the Estate Abolition Act (as it then stood) the lands should, be deemed to have been settled with him. The Collector however disallowed the claim of the Zamindar held Ambarish to be a tenant and directed settlement of the lands with him on a srayaity basis on payment of prescribed rent and cess under Section 7 of the Estate Abolition Act. The matter was taken up on appeal before the President, Board of Revenue (in estate Abolition Appeal No. 37, of 1955-56) who upheld , the contention of the exzamindar and held that Ambarish was a mere mortgagee and not a tenant and directed that the lands should be settled with the ex-zamindar under Section 7. Against that order an application under Article 226 of the Constitution was filed before the High Court in O. J. No. 91 of 1957 and a Bench of this Court by its order dated 16-2-59 quashed the order of the Board of Revenue and restored the order of the Collector.

(3.) I should further state that a review petition (Estate Revision Case No. 60 of 1956-57) was filed before the President Board of Revenue by Ambarish himself against the earlier order of the Board, passed in Estate Abolition appeal No. 37 of 1955-56. The Board, by its order dated 5-5-1957 however held that as there was no-provision for review in the Estates Abolition Act, the Board had no jurisdiction to review its own previous order.