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1961 Supreme(SC) 367

Promod Chandra Deb – Appellant
Versus
State of Orissa – Respondent


Advocates Appeared:
Mr. A. V. Viswanatha Sastri, Senior Advocate (Mr. K. R. Chaudhuri, Advocate, with him), for Petitioner (In Petn. No. 79 of 1957); Mr. Purushottam Trikamdas, Senior Advocate, (Mr. R. Patnaik, Advocate with him), for Petitioners (In Petns. Nos. 167 of 1958 and 4 of 1959); Mr. N. C. Chatterjee, Senior Advocate (Mr. R. Patnaik, Advocate, with him), for Petitioner; (In Petn. No. 168 of 1958); Mr. C. K. Daphtary, Solicitor General of India (M/s. B. R. L. Iyengar and T. M. Sen, Advocates with him), for Respondents (In all Petitions).

Judgement

SINHA, C.J.I. : The petitioners in these Writ Petitions, under Art. 32 of the Constitution, complain of interference with their rights under the several Khor Posh grants, and pray for writs of certiorari or mandamus and further orders or directions to the respondents for the enforcement of their alleged lights. In Writ Petition No. 79 of 1957, the first respondent is the State of Orissa, and the Union of India is the second respondent. In all the other Writ Petitions, the State of Orissa is the sole respondent. As most of the questions of law relating to the interpretation of the Constitution, or other laws hereinafter to be referred to are common, the cases have been heard together. But in order to appreciate the points arising in these cases, it is necessary to state the, facts of each case separately.

I. Writ Petition No. 79 of 1957.

2. In Writ Petition 79 of 1957, the petitioner is the younger brother of the present Raja of Talcher, which was an independent sovereign state before its merger. It was later incorporated in the State of Orissa. The Talcher state was a sovereign State of the Rajabahadur of Talcher, under the paramountcy of the British Government, before India

































































































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