MURALIDHAR NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) SETTLEMENT of 'Bhogra lands situated in ex State of Sonepur and preparation of Record -of -Rights in respect thereof is the point in dispute in this Writ application.

(2.) BEFORE delving into the controversies of individual parties to this Writ application it would be prudent to consider the nature and character of the disputed lands. Lands granted to Headmen of villages in the former States of Orissa towards their renumeration for management of villages were called "Bhogra" lands. Bhogra lands in all the former States of Orissa though differently called belonged to the State. They had been granted towards renumeration of the Headmen for management of the villages. In para -12 at page 14 of the Report on Land Tenures and the Revenue System of the Orissa Chhatisgarh States by R. K. Radadyhani, ICS, Vol. I, the incidents of the Bhogra tenures have been given as follows : - "Headmen without proprietary rights : - While in some Chhatisgarh States, and in Gangpur State in the Orissa Agency, the Gaontias have been attempting to arrogate to themselves the status of proprietors as in the adjoining areas of the Central Provinces, in no case has proprietary status been granted to the village Headmen. It is categorically laid down in the Patta or Theka of every Gaontia that he is not at liberty to alienate or partition his right in any way, and any violation of this rule results in forfeiture of the Theka."

(3.) IT is alleged that the grand -father of the present petitioner was the Gaontia in respect of the village where the disputed lands are situated. After his death the present petitioner and his uncle executed a mortgage deed in respect of the Bhogra lands in favour of one Deba Charan Naik and others in the year 1932 and borrowed some money from them and delivered possession of the lands to the mortgagers. It is further alleged that though the petitioner tried to payback the money borrowed by him and redeem the mortgage, the mortgagers avoided to receive the amount or deliver possession of the mortgaged lands. While matter stood thus, Bhogra Conversion Proceedings were initiated in the Mouza in question. Taking advantage of that, Debendra Pradhan, Chaturbhuja Pradhan and others who were in physical possession of the lands in question applied to the Collector and their application was registered as Bhogra Conversion Case No.33 of 1955/56. The concerned authorities after observing all paraphernalia and on being satisfied that Debendra Pradhan, Chaturbhuja Pradhan and others were in possession of the lands in question settled the same in their favour with Raiyati Status.