RAMAKRISHNA DEO Vs. COLLECTOR OF KORAPUT

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution by the ex-proprietor of jeypore Estate in Koraput district, against the order of the Government of Orissa, calling upon him to pay a sum of Rs. 11,64,497-6-10 being his share of the costs of survey and settlement operations that took place in Jaypore estate during the period when the petitioner and his predecessor in interest were the proprietors of the Estate.

(2.) THE petitioner's adoptive father, Maharaja Shri Vikrama Deo Verma was the proprietor of Jeypore estate till his death on the 15th April, 1951. The petitioner succeeded to the estate and remained as proprietor until the taking over of the estate by the State of Orissa under Section 3 (1) of the Orissa Estates Abolition act 1051 (Orissa Act I of 1952), on the 29th December 1952. Survey and settlement operations under the provisions of chapter XI of the Madras Estates Land Act. 1908 (Madras Act I of 1908) had commenced in Jaypore Estate as early as 1941 and continued since then. The operations have not yet been completed. The entire estate was divided into several blocks for the purpose of those operations. In 1951 Government thought it desirable to apportion the costs of survey and settlement operations between the zamindar and his ryots, in the proportion of 50:50, in exercise of their powers under Section 180 (1) of the madras Estates Land Act. The order of the Minister in charge making the said apportionment is dated the 21st May 1951, passed in file Nos. 109/50 of the revenue Department. Apparently, the necessity for passing such an order of apportionment even before the completion of the survey and settlement operations in any of the blocks, arose chiefly because Government knew then that the estate was going to be taken over under the provisions of the Orissa Estates abolition Act, but they thought that the Zamindar should be called upon to pay his share of the costs in respect of the Settlement operations that took place prior to the date of vesting. This order of the Minister was communicated to the Director of land Records and Surveys by the Deputy Secretary to the Government of Orissa, revenue Department, in his letter No. 5039 R. S. 108/50 dated the 28th May 1951 which runs as follows:-

(3.) BEFORE discussing the various questions of law raised by Mr. A. L. J. Rao on behalf of the petitioner I may refer to the relevant provisions of the Madras estates Land Act and the Orissa Estates Abolition Act.