ACHUTANANDA SWAIN Vs. HADIBANDHU SWAIN

JUDGEMENT

(1.) IN this wit petition, Annexure -12, the order passed by the Additional district Magistrate, Puri, on 7 -2 -1973 in Estates Abolition Appeal No 17 of 1969 has been challenged. After stating facts and orders passed by the Courts below and contentions of the counsel, Their Lordships held :

(2.) A bare look at the above provision will show that action can be taken thereunder in respect of the settlement of lease effected or created after the 1st day of January, 1946. Settlement of lease of the nature envisaged therein prior to 1st day of January, 1946, cannot come within its purview.

(3.) THE next provision of the O. E. A. Act under which the orders as in Annexure -4 could have been passed in Section 8(1) which is quoted below :