293 298 of 1959 and they were in respect of the six petitions filed by the ex Zamindars in the High Court.
On that date, an order by companysent was passed under civil appeal No.
When this group of 6 appeals came for disposal before this Court on March 20, 1962, the Court was informed that the dispute between the parties in C. A. Nos.
At the hearing of the said two appeals on November 18, 1963, Mr. Tatachari for the respondents in the two present appeals stated to the Court that on 16 11 63, the respondent in C. A. No.
294 of 1959 had filed a suit No.
The case set out by these Zamindars was that the Ganjam plains which are partly situated in Orissa and partly in the Andhra State, had been permanently settled with them under the provisions of the Madras Regulations No.
These tracts are known as Agency tracts portions of these tracts were granted to the Zamindars by various Sanads issued by the Governor in Council of Fort George, Madras, sometime in 1874 and 1875.
293 of 1959.
It was pleaded in the petitions by the ex Zamindas that the numberices served on them had intimated to them that the appellant had resumed their interest as Muthadars and that the resumption would take effect from the date of the order.
The appellant then moved the High Court for a certificate and it is with the certificate issued by the High Court that it has companye to this Court in the present two appeals.
In the High Court six petitions were filed by six ex Zamindars of Ganjam District respectively under Art.
The hearing of A. No.
It appears that on Mach 30, 1954, the appellant informed the six respective Muthadars by numberices duly served on them that their Muthas would be resumed with effect from that date.
The areas thus granted by the Sanads were known as Maliahs and the Zamindars to whom the said areas were granted were described as Muthdars of their respective Maliahs.
They were also told that the duties and obligations imposed on them by the original Sanads need number be performed by them.
That left the present two appeals Nos.
293 and 294 of 1959.
They claimed that a writ or other appropriate order or direction should be issued restraining the appellant from taking the action as threatened by the numberices issued by it.
Each one of them alleged that he apprehended danger to his property situated in portions of Ganjam Agency tracts known as Maliahs by threat of executive action.
The petitioners companytention before the High Court was that they had proprietary interest in the areas granted to them and the appellant had number right to resume the lands thus granted to them and was number entitled to recover possession from them.
The Zamindaris thus permanently settled on them have been acquired by the respective Governments of the two States under the provisions of the Estate Abolition Act.
The said Maliahs had been granted to them by virtue of the office they held under the Sanads and the grant was intended to serve as remuneration for the services rendered by them by virtue of the said office.
In accordance with this order, the hearing of the said two appeals was adjourned.
The apprehension which the ex Zamindars felt as a result of these numberices gave rise to the six petitions under Art.
The appellant resisted these petitions and urged that the applicants, the ex Zamindars had number proprietary interests at all in the Maliahs.
226 were entitled to an appropriate writ under the said Article.
226 of the Constitution against the appellant.
Adjacent west of Ganjam plaints lie hilly tracts which are inhabited by aboriginals.
297 of 1959 was adjourned for four weeks and it was directed that the said appeal and appeals Nos.
Originally, six appeals were brought to this Court Nos.
293 and 294 of 1959 should be placed for hearing thereafter.
226 of the Constitution.
86 of 1963 against the appellant in a civil companyrt of companypetent jurisdiction, and he also added that negotiations were in progress for the settlement of C. A. No.
On October 10, 1962, the group of three surviving appeals was placed before this Court for hearing.
XXV of 1802.
The Court was then informed that negotiations were proceeding between the parties in regard to the settlement of the said three appeals.
By companysent, an order was passed in these two appeals standing over the hearing of the said appeals for four months without prejudice to the respondents right to sue the appellant in the companyrt of a companypetent Civil Judge in respect of the properties which are the subject matter of the present proceedings and obtain from such companyrt appropriate reliefs.
297 of 1959, and so, the said appeal was disposed of by companypromise.
As a result of this companypromise, the three appeals were disposed of by companysent.
295, 296 and 298 of 1959 had been companypromised and the terms of companypromise were placed on the record.
