KHAGESWAR SAMAL Vs. TAHSILDAR OF JAJPUR AND ORS.

JUDGEMENT

(1.) THE Petitioner was a daffadar and was in charge of Union No. 17, Grama Punchayat Chhassakhand, P.S. Jaipur in the district of Cuttack. His services were terminated with effect from 31 -7 -1963 and a notice to that effect was issued to him by the opposite party No. 2 Collector of Cuttack. On 20 -3 -1963 the Petitioner was given lease of plot No. 367 and the northern portion of plot No. 213 in the same village, having an area of one acre. This was done after inviting objections. These two plots have been recorded as Rakhit Gochar. On 21 -12 -1964 opposite party No. 1, the Tahsildar of Jaipur issued an order cancelling the lease already granted. The Petitioner's case is that on his removal from the office of Daffadar, be was entitled to certain statutory rights created under Section 4(6) of the Orissa Offices of Village Police (Abolition) Act, 1964 (Orissa Act 3 of 1964) and that one acre of cultivable land should have been given to him after cancellation of the aforesaid lease.

(2.) A counter has been filed on behalf of the opposite parties stating that the lease of Rakhit Gochar lands by the Tahsildar without the permission of the Collector was void ab initio and as such the lease was validly cancelled. In paragraph 7 of the counter the following averment was made:

(3.) MR . Misra for the Petitioner does not stand by his rights on the aforesaid lease as it is void. But he contends that if the lease was cancelled, he was entitled under Section 4(6) of Orissa Act 3 of 1964, after the termination of his service to one acre of cultivable land.