Judgement

S. R. DAS, CJI. : This is an appeal from the judgment and decree passed on 28-9-1953, by a Bench of the Orissa High Court in an Original suit which was filed on 24-11-1952, in the Court of the Subordinate Judge of Cuttack and was on 17-1-1953, transferred to the High Court and marked as Original Suit No. 1 of 1953.

The suit was filed by the plaintiff-appellant claiming as the Raja and owner of the Rajgee, known as the Kanika Raja against the State of Orissa, praying for a declaration that the Orissa Estates Abolition Act, 1951 (hereinafter referred to as "the Abolition Act") was, in its application to the Rajgee of Kanika, invalid, unconstitutional and ultra vires the State Legislature and for an injunction restraining the State of Orissa from taking any action under the said Act.

The suit was instituted evidently under an apprehension that the State of Orissa might issue a notification under S. 3 (1) of the Abolition Act declaring that the Rajgee of Kanika had passed to and become vested in the State free from all encumbrances. The High Court dismissed the suit but gave a certificate of fitness for appeal to this court. Hence the present appeal by the plaintiff.

2. The pla