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1965 Supreme(SC) 388

A.K.SARKAR, J.R.MUDHOLKAR, R.S.BACHAWAT
Rani Umeshwari Suthoo – Appellant
Versus
Member, Board of Revenue, Orissa – Respondent


Advocates Appeared:
For the Appellant :G.S. Pathak and B. Sen, Senior Advocates (I.N. Shroff, Advocate, with them).
For the Respondent:N.C. Chatterjee and N.S. Bindra, Senior Advocates (R.N. Sachthey, Advocate, with them).

JUDGMENT :

Sarkar, J.

The appellant is the widow of Shyamsundar Nath Suthoo who was the proprietor of an impartible permanently settled estate, called Darpan Estate, situate in the State of Orissa. On December 12, 1949, the appellant's husband granted her a lease of certain lands, quarries, beds of stones and other minerals lying in the estate for a period of 99 years from December 12, 1949 at an annual rent of Rs. 1000. By a notification dated November 27, 1952, issued under Section 3(1) of the Orissa Estates Abolition Act, 1951, which had come into force on February 9, 1952, the Government of Orissa declared that the entire Darpan Estate had become vested in it. On March 10, 1955, the Collector of Cuttack made an order under Section 5(i) of the Act setting aside the lease. The appellant filed on appeal to the Board of Revenue, Orissa, against the Collector's order but the appeal was dismissed on November 26, 1959. The appellant then moved the High Court of Orissa under Article 226 of the Constitution for : a writ quashing the orders of the Collector and the Board. By a judgment passed on September 5, 1960, the High Court dismissed the application for the writ. The appellant has now

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