MAHESWARI PRASAD DEO Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution challenging the validity of notification No. 14386 -6F -130/48 -R., dated 20 -12 -1949 of the Government of Orissa in the Revenue Department taking over the management of the Forests within the former zamindari of the petitioner known as Lanjigarh in Kalahandi district. A copy of the Nitiftcation is given below:

(2.) KALAHANDI was one of the former Orissa States which merged with the Union of India with effect from the 1 -1 -1948, after the Ruler of that State had executed the well -known merger agreement in the middle of December 1947. The petitioner was one of the few Zamindars in that State. On 25 -12 -3947, the Ruler of Kalahandi released from the management of the State the forests of the petitioner's zamindari. But this order of release was subsequently annulled by the Government as not being bona fide, and that order of annulment was not challenged before us.

(3.) THE Advocate General. On the other hand, contended that the present case is distinguishable on facts from the case cited above inasmuch as there is ample documentary evidence to show that the Ruler of Kalahandi and (after merger) the Government had proprietary interest also in the forest of Langigarh and that consequently they were justified in issuing a notification under Section 80 of the Indian Forest Act.