PREMANANDA DAS Vs. TAHASILDAR SADAR

JUDGEMENT

(1.) THE Petitioner in this Writ Petition challenges the Order Dated 30.1.2.1996 passed by the Additional Tahasildar, Cuttack in O.E.A. Case No. 55 of 1968 -69 whereby the Additional Tahasildar has refused to accept the Petitioner as a tenant under Section 8(1) of the Orissa Estates Abolition Act (hereinafter referred to as 'the Act').

(2.) THE brief facts of the case are as follows:

(3.) IT is stated by the Petitioner that the disputed land was settled as Bahali Estate in the year 1932 in favour of the ex -proprietor Bhagaban Das and he inducted the Petitioner as raiyat in the year 1944 by issuing a Hatapatta. From the year 1944, the Petitioner is in possession of the land in question. Hence, after the vesting, he is entitled to be recognized by the State as a tenant and rent should be accepted from him and the Additional Tahasildar, however, without considering the aforesaid fact, rejected the claims of the Petitioner arbitrarily and illegally. Hence, the said order is liable to be quashed by this Hon'ble Court by exercising its power under Article 226 of the Constitution of India.