RAMACHANDRA DEB Vs. STATE OF ORISSA

JUDGEMENT

(1.) THESE are applications by six of the ex -Zamindars of Ganjam district under Art. 226 of the Constitution praying for relief against the State of Orissa, from apprehended danger to their property situated in portions of Ganjam Agency tracts known as 'Maliahs' by threat of executive action. The questions of law involved in all these applications are identical, and hence they were heard together and will be dealt with in one judgment.

(2.) THE zamindaris of these applicants were all situated in Ganjam plains (now partly in Orissa and partly in Andhra State) and had been permanently settled with them by the well -known Madras Regulation No. XXV of 1802. These zamindaris have been acquired by the respective Governments under the provisions of the Estate Abolition Act. Adjacent west of Ganjam plains lie hilly tracts (inhabited mainly by aboriginals) known as Agency tracts, portions of which were granted to these zamindars by various Sanads of the Governor -in -Council of Fort St. George Madras, sometime in 1874 and 1875. These tracts were known as 'Maliahs' and the applicants were styled 'Muthadars' of these Maliahs. These tracts were always considered as separate from the permanently -settled areas of the Zamindars and held on some sort of service tenure Government seem to have been in some doubt as to whether these zamindars had any proprietary interests in these Maliahs. The Collector of Ganjam appears to have thought sometime in February 1954 that the Zamindar of Bodokhimedi (applicant in O. J. C. 26 of 1954) had proprietary interest which could be acquired only on payment of compensation, and he called upon the zamindar to meet him by his letter No. 346/1954 dated 18 -2 -1954, and asked him to suggest a consolidated amount as compensation. Subsequently, however, Government presumably acting on legal advice thought that these Zamindars had no proprietary interest at all and that the tenures were resumable by mere issue of notice terminating the services of these Zamindars in the Maliahs. Accordingly by various notices dated 30 -3 -1954 these 'Muthadars' were informed that their services were no longer required, and that the 'Muthas' would be resumed with effect from that date. The notice issued to the Muthadar of Bodokhimedi may be taken as typical and is quoted below in full. "Government of Orissa Revenue Department. No. 1146/R. II -1/1954. Cuttack, the 30 -3 -1954. To, The Muthadars of Bodokhimedi Maliahs. The Governor of Orissa hereby declares that the services required to be performed by you in pursuance of the Sanad dated 17 -7 -1874 by the Agent to the Governor in the district of Ganjam are no longer required. (2) The Governor accordingly resumes your interest as Muthadar of the Muthas of Bodokhimedi Maliahs. (3) This resumption will take effect from the date of this order. With effect from this date the duties and obligations imposed on you need not be performed. Boundaries of the Mutha of Bodokhemidi Maliahs East....Sannokhimedi ex -estate, Bodokhimedi ex -estate and Surangi ex -estate. West.....Koraput district. North....Sannokhimedi Maliahs. South....Parlakhimedi Maliahs. By Order of the Governor V. Ramanathan. Addl. Secretary, Revenue Department." After due service of this notice the local Anchal Adhikary called upon the Muthadars to deliver possession of the Muthas and also threatened to forcibly dispossess them if they refused to give up possession peacefully. The applicants' main grievance is that they have proprietary interests in these Maliahs and if Government wanted to extinguish those interests they ought to have acquired them by paying adequate compensation and that it was high handed on the part of Government and its officials to threaten to forcibly dispossess them by merely giving notice terminating their service tenures.

(3.) I may now quote the terms of the Sanad dated the 17 -7 -1874 granted to the Zamindar of Bodokhimedi (alias Peddakhimedi) when settling the Bodokhimedi Maliahs with him : "Sannad -i -Millicut Isthimirar or Deed of Permanent Property granted by the Right Hon'ble the Governor in Council of Fort St. George, on behalf of the Right Hon'ble the Secretary of State for India in Council. To, Shri Lakshminarayana Ananga Bhim Devu Kesari Muthadar of Peddakhimedi Maliahs in the Ganjam district. Whereas the Right Hon'ble the Governor in Council, on behalf of Her Majesty's Secretary of State for India in Council, has determined to continue to you and your heirs in perpetuity the possession of the hill tract commonly called the Peddakhimedi Maliahs in the district of Ganjam, this Sanad certifying the said grant is issued to you accordingly on the conditions following :