BRUNDABAN CHANDRA JEW Vs. BINOD MAJHI AND ORS.

JUDGEMENT

(1.) THIS is an application under Articles 226 and 227 of the Constitution of India for issue of a writ of certiorari. The Petitioner has sought in his prayer to quash the orders vide Annexure's 4, 5 and 6.

(2.) THE Petitioner Brundaban Chandra Jew is a deity represented through its marfatdar Mahanta Sachidananda Deb Goswami. The opposite party Binod Majhi claimed that he is the tenant of the Petitioner in respect of plot Nos. 208, 209, 210 and 239 appertaining to Holding No. 33/1 of village Jogitofa. The opposite party No. 1 filed a petition under Section 36A of the Orissa Land Reforms Act for declaration that he is a tenant in respect of these lands and for further declaration that the lands are non -resumable. The petition was allowed by the Tahasildar, Baripada, vide his order dated 30 -11 -1977 passed in O.L.R. Case No. 959 of 1976 (Annexure -4) and the opposite party No. 1 was declared as a tenant in respect of plot Nos. 208, 209 and 210 but the opposite party No. 1's claim in respect of plot No. 239 was rejected as the same had already been vested in the ceiling area. The Petitioner made an appeal before the Additional District Magistrate, Mayurbhanj being O.L.R. Appeal No. 358 of 1977. The appeal was dismissed and the order of the Tahasildar was upheld (vide Annexure -5). The Petitioner filed O.L.R. Revision No. 29 of 1980 -before the Collector, Mayurbhanj. The revisional Court also upheld the orders of the Tahasildar and the appellate Court (vide Annexure -6). In these circumstances. the Petitioner filed this writ application for issue of a writ of certiorari.

(3.) THE contention of the learned Advocate for the Petitioner Mr. Jena that at the time of vesting operation under Sections 6 and 7 of the O.E.A. Act and the ceiling operation, the opposite party did not raise any objection cannot be sustained. There is no provision either in the O.E.A. Act or in the O.L.R. Act giving an opportunity to the tenant to raise any objection at the time of vesting operation or ceiling operation. Under the Estates Abolition Act, the right of the tenant does not vest but under Section 8 all the tenants are deemed to be tenants under the State and as per statute this is quite automatic and a tenant need not apply for the same. There is also no provision in the O.L.R. Act for the tenant to raise any objection at the time of ceiling proceedings. The only provision under which the tenant may file application is under Section 36A. O.L.R. Act and the opposite party has filed the duly constituted application and the application has been enquired into in accordance with the law.