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1964 Supreme(SC) 12

J.C.SHAH, K.C.DAS GUPTA, K.N.WANCHOO, N.RAJAGOPALA AYYANGAR, P.B.GAJENDRAGADKAR
Rani Ratnaprova Devi: Baja Sankar Pratap Singh Deo Mahindra Bahadur: Pat Rani Saheba Of Keonjhar: Maharaja Rajinder Narayan Singh Deo, Raja Bhanuganga Tribhuben Deb, Maharaja Pratap Keshari Deo, Raja T. M. H. Mahapatra Baja Bir Udit Pratap Shekhar Deo – Appellant
Versus
State Of Orissa – Respondent


Advocates:
A.D.MATHUR, AJOY KUMAR, GAJADHAR MAHAPATRA, J.B.DADACHAN, M.C.SETALVAD, O.C.MATHUR, P.L.VOHRA

Judgment

GAJENDRAGADKAR, J.: The petitioners in these three petitions have moved this Court under Art. 32 of the Constitution and claimed a declaration that the operative provisions of the Orissa Private Lands of Rulers (Assessment of Rent) Act, 1958 (hereinafter called the Act ) and the Rules framed thereunder are unconstitutional and ultra vires. The private lands in the possession and enjoyment of the three respective petitioners have been assessed by the Revenue Officers in conformity with the Rules framed under the Act. The petitioners claim a writ, or direction, or order in the nature of certiorari quashing the said orders of assessment.

2. The petitioner in Writ Petition No. 140 of 1962 is the Patrani Saheba of Keonjhar and is in possession and enjoyment of eight villages, viz., Managalpur Barigan; Nua Rampas; Nilung Ghutru; Mohadijora; Patang and Anara in the district of Keonjhar. These villages were granted to her for maintenance a long time ago and as such, they have been recorded in the village papers as Khoraki Posaki (Maintenance Grant) Lands since the last settlement of 1918. She has held these lands without paying assessment; and her case is that the relevant provisi
















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