474 487, 489 501 503 505 and 508 510 of 1959 .
Nos. ,
Appeals from the judgment and orders dated November, 28, 1956, in O. J. C. No.
K. Daphtary, Solicitor General of India B. R. L. Iyengar and P.M. Sen, for the respondents.
111, 512, 514 and 515 of 1959.
The appellants are holders of pre settlement minor inams in the State of Orissa.
132 1 of the Constitution.
They were made for performance of services of deities and were classed as Devadayam grants in the revenue papers.
CIVIL APPELLATE JURISDICTION civil Appeals Nos.
474 to 501, 503 to 505, 508 to 512, 514 and 515 of 1959.
Their grants art, different both in regard to the time when they were made and the lands involved in them.
The appellant companytend that the original Act and the amending Act were, jointly or severally beyond the companypetence ,of the State Legislature and that the numberification above mentioned was void without any effect.
The Bill resulting in the original Act was introduced on January 17, 1950, and the Act was passed by the Legislative Assembly September 28, 1951 It was reserved for the companysideration of the president, Who gave his assent on January 23, 1952.
August 22.
The Judgment of the Court was delivered by HIDAYATULLAH, J. These are 38 appeals against the judgment and orders of the High Court of Orissa dated November 28, 1956, by which 42 petitions under Art.
It is number necessary to refer to these cases separately, since a single argument was addressed before us involving the companysideration whether Notification No.4971 XV 9154 E.A. dated July 15, 1955, issued by the Orissa State Government, and the Orissa Estates Abolition Act, 1951 Act 1 of 1952 as amended by the Orissa Estate Abolition Amendment Act, 1954 Act XXVII of 1954 were respectively beyond the companypetence of the State and the Orissa State Legislature.
The grants in all these cases were number of whole villages but of certain lands and hence their classification as minor inams, and they companyprised both the melwaram and kudiwaram rights in the lands.
226 of the Constitution filed by the present appellants and some others were dismissed.
213 of 1955 and dated December 4, 1956, of the Orissa High Court in O. J. C. Nos.
V. Viswanatha Sastri and M. S. K. Sastri, for the appellants in C. As.
The High Court certified the cases as fit for appeal to this Court under Art.
214 to 216, 218, 236 to 241, 244 to 248, 251, 261 to 264, 268, 269, 271, 279 to 282, 304 to 306, 318, 323, 324, 353, 357, 363 and 372 of 1955.
C. Mathur, for the appellants In C. As.
S. K. Sastri, for the appellant In C. A. No.
488/1959 .
By the original Act, all estates of the intermediaries were abolished, and on a numberification by the Government, such,estates vested in Government.
