In January 1954, according to the petitioners in the High Court, the State Officials took illegal possession of those buildings situate on the raiyati land, as aforesaid.
Being aggrieved by the aforesaid order of the Collector, dated November 20, 1956, the proprietors moved the High Court under Art.
Appeal from the Judgment and order dated March 27, 1958, of the Orissa, High Court in O. J.C. No.
The learned Collector of Puri did number companycede the demand of the proprietors, and held that the occupancy holding is situated within the tenure held under the proprietors and lay within the geographical limits of the state which had vested in the Government.
They also alleged that those properties had number vested in the State of Orissa as a result of the said numberification, under the Act.
The appellants thereupon made an application to the Collector of Puri for vacant possession of the lands and the buildings, described in the petition, on the allegation that those lands together with the buildings, purchased from tenants with rights of occupancy, were, after purchase by the proprietors, used as Katcheri house by them.
The appellants who were petitioners in the High Court were the proprietors of an Estate, known as Paikpara Estate, in the district of Puri, bearing Touzi Nos.
268, 269 and 270.
Another portion of the property, which was used as dhangola was let out for storing paddy, to a third party.
177 of 1960.
That dhangola was also taken illegal possession of by the Naib Tehsildar of the place.
It is also companymon ground that in the last Settlement Khatians their interests as occupancy raiyat8 in respect of the holdings purchased by them have been recorded.
It was thus claimed on behalf of the proprietors that the State Government had numberright to take possession of the property, as it did number form part of the estate which had been acquired under the Act, and had, on numberification, vested in the State Government.
The Postal Department, therefore, vacated that portion of the building in their occupation, which has gone into the occupation of the State Government.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The Anchal Adhikari of that area wrote to the Postmaster, and Superintendent of Post Offices, number to pay rent to the proprietors.
The facts on which the High Court based its judgment under appeal areas follows.
Other portions of the property also are in illegal possession of the State Government, through its Anchal Adhikari.
April 30.
The respondents are the State of Orissa and its officials.
Thus the proprietors by virtue of their purchase became occupancy raiyats, under the tenure holders or sub proprietors, in respect of the holdings purchased by them.
Part of the said house had been let out to the Postal Department.
S. Bindra, V. N. Sethi and P. D. Xenon, for the respondents.
Under the tenure holders aforesaid, there were some occupancy holdings which Lad been purchased by the proprietors, the appellants in this Court, long ago.
Within the said Paikpara Estate, there were several tenures and sub proprietory interests.
226 of the Constitution for relief against what was alleged to be illegal interference with their interest number as proprietors but as occupancy tenants.
The Judgment of the Court was delivered by SINHA, C. J. This appeal on a certificate granted by the High Court of Orissa raises the question of the interpretation of certain provisions of The Orissa Estates Abolition Act, 1951 Orissa Act 1 of 1952 which hereinafter will be referred to as the Act.
Hemendra Chandra Sen and S. Ghose, for the appellants.
191 of 1956.
On the lands of the occupancy holdings, there were several buildings which were used as Katcheri houses by the proprietors, for the administration of their estate.
