Judgment

GAJENDRAGADKAR, J.: The short question of law which arises in these two appeals is whether the High Court of Orissa was justified in issuing a writ directing the appellant State of Orissa not to dispossess the two respondents in the two appeals respectively of the Maliahs without their consent otherwise than in due course of law. This question arises in this way. In the High Court six petitions were filed by six ex-Zamindars of Ganjam District respectively under Art. 226 of the Constitution against the appellant. 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 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. XXV of 1802. 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. Adjacent west of Ganjam plaints lie hilly tracts which are inhabited by aboriginals. These tracts are known as