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B. P. SINHA, P. B. GAJENDRAGADKAR, K. N. WANCHOO, K. C. DAS GUPTA, J. C. SHAH
Biswambhar Singh – Appellant
Versus
State Of Orissa – Respondent
B.P.SINHA, J.
(1) THESE two appeals on certificates of fitness granted by the High Court of Orissa raise the question of the constitutionality of the Orissa Estates Abolition (Amendment) Act (Orissa XVII of 1954) amending the main Act, the Orissa Estates Abolition.Act (Orissa I of 1952), which hereinafter will be referred to as the Act. As the questions raised in the High Court and in this Court are the same in both the appeals, they have been heard together and this judgment will govern them both.
(2) IT appears that the two Zamindars of Hemgir and Sarpgarh moved the High Court of Orissa under Art. 226 of the Constitution for a writ of mandamus against the State of Orissa and the Collector of Sundargarh, which is a district formed after Merger. Previously it was part of the feudatory State of Gangpur. The two petitioners Zamindaries covered about 540 sq. miles between them. The petitioners in the High Court in their petitions, claimed a sovereign status and referred to a mass of historical literature, including references to the Imperial Gazetteer by W. W. Hunter, Sir Richard Temples -Treaties, Zamindaries, Chieftainships in Central Provinces, and oth
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