KALINGA TUBES LTD Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner is a public limited company. It acquired 217.76 acres of Anabadi lands in September, 1952, on lease basis from Sir S. M. Bose, the ex-intermediary. These lands are located in mauzas Kapaleswarpur and Chhatisa on the other side of the river Mahanadi. In 1958, the company again acquired a little more than twelve acres of Anabadi lands from the same ex-intermediary. Proceedings were taken for settlement of rent under the Orissa Survery and Settlement Act. 1958 (Orissa Act 3 of 1959) (hereinafter referred to as the "Act") and in all five cases were registered for the purpose. The Assistant Settlement Officer in charge of Rent Settlement (opposite party No. 3) assessed the rent per acre at the rate of Rs. 250 for the lands within the Chhatisa mauza and at the rate of Rs. 200 per acre within Kapaleswarpur. The petitioner challenged the aforesaid fixation of rent as arbitrary before the appellate authority. The Settlement Officer (appellate authority-opposite party No. 2) noticed the contentions of the petitioner in the impugned order (Annexure 3) and stated :-

(2.) In the counter-affidavit given by opposite parties 2 and 3 in this proceeding, it has been stated :-

(3.) A preliminary objection is raised on behalf of the opposite parties that the petitioner should not be allowed relief, if any, in this proceeding as alternate remedies are available. A revision lies under Section 25 of the Act. A suit also lies under Section 42 of the Act. We are not impressed with the preliminary objection. The opposite parties 2 and 3 appear to have acted contrary to law and there is force in the contention of Mr. Mohanty for the petitioner that relief by way of revision before the Board of Revenue would be illusory as the objectionable material upon which reliance has been placed by the opposite parties 2 and 3 had emanated from the Board. The cause of action for the suit arises upon the final publication of the Record of Rights.