SRADHAKAR NAIK Vs. STATE OF ORISSA AND ANR.

JUDGEMENT

(1.) THIS is a Second Appeal under Section 13(2) of the Orissa Merged Territories (Village Offices Abolition) Act against the order of the Additional District Magistrate, Sundergarh passed on 27 October 1973 in his case Revenue Appeal No. 22 of 1972.

(2.) IN an objection filed in regard to the Draft Jamabandi, relating to settlement of Bhogra Lands of village Bhedabahal in the district of Sundergarh, Sradhakar Naik and Sashidhar Naik had claimed that certain plots which had been excluded for settlement were in their joint enjoyment and possession, as co -sharers, and ought therefore to be settled with them. The objection was overruled. An appeal taken to the Additional District Magistrate was dismissed. Hence this second appeal. Sashidhar Naik has however dissociated himself in the second appeal and has been impleaded as a Respondent.

(3.) PLOTS 270, 255, 269, 285, 275/1, 286/2, 3/2, 10/2233 and 5 are all classified as Bandhas, Mundas and Katta Adis. Sections 2 and 3 of the Amendment Act of 1916 will preclude settlement of these plots unless it be established that they were not water reservoirs used for irrigation or for communal purposes. It has been argued that plots 3/2. 5 and 10/2233 and plots 285/1 and 285/2 were not such water reservoirs on the appointed date. It is claimed that they had been converted into paddy lands and were in the actual cultivating possession of Sradhakar Naik.