GOPALESWAR DHARUA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE writ application was filed on 1-2-1974. THE petitioner filed several affidavits on 15-7-1974, 16-10-1974 and 8-11-1974 making statements of further facts. His case may be stated in short.

(2.) THE petnr. was the THEkadar of the three villages of Budhamunda, Tara and Chuinara in the ex-State of Bolangir, Three Pattas, one for each village, had been issued to him in 1936 for a period of fifteen years from 1-4-1936 to 31-3-1950. As THEkadar the petnr. was in possession of Bhogra lands along with his co-sharers. THE Bhogra lands in villages Budhamunda, Tara and Chuinara were respectively 41.79 acres, 93.82 acres and 40.87 acres, in all 176.48 acres. THE ex-State of Bolangir merged in the State of Orissa on 1-1-1948. THE Government of Orissa took a decision in 1949 for abolition of THEkadari system with effect from 1-4-1950 after the expiry of the THEkadari Pattas. Accordingly Bhogra conversion proceedings were initiated. THE principles to be followed were that five acres of Bhogra lands to be selected by the revenue authorities would be reserved for settlement as service inam jagirs for village officers and those lands which were treated as Bhogra on account of surrender or abandonment by tenants would be settled with those tenants. THE other Bhogra lands were to be settled with the THEkadars or their co-sharers according as they were found to be in possession. Subsequently it was decided that those reserved five acres would be temporarily given to the Grama Panchayats to be leased out on annual auction. In the year 1973 a decision was taken that those reserved five acres would be distributed amongst landless persons. Bhogra conversion proceedings were started in April, 50 and concluded on 10-3-1953. Bhogra lands were settled in the three villages as indicated hereunder: Village Budhamunda 1. Gopaleswar Dharua s/o. Chaitan Dharua 2 Raicharan Dharua s/o. Chandala Dharua 3 Jani Dharua s/o. Chandala 4 Khaman Dharua s/o. Judhesthi 5 Rana Gauda s/o. Sankirtan 6. Jagir (reserved) Village Tara 1. Gopaleswar Dharua s/o. Chaitan Dharua 2. Dingar Dharua s/o. Chaitan Dharua

(3.) WE would sum up our conclusion by saying that Section 7 (g) of the Act has no application to Bhogra lands attached to the Thekadari tenure of the petitioner. Those lands belonged to the State and not to the Ruler in his private capacity. They were attached to the tenure as remuneration towards the work of management of the village by the Thekadar.