The Thekadars in the ex-State of Bolangir had a precarious right in the Bhogra lands during the currency of the settlement, having no right, title, and interest therein and were evictable under certain conditions. Section 7 (g) of the Act has no application to such Bhogra lands.

Judgement

G. K. MISRA, C.J. :- The writ application was filed on 1-2-1974. The petitioner filed several affidavits on 15-7-1974, 16-10-1974 and 8-11-1974 making statements of further facts. His case may be stated in short.

2. The petnr. was the Thekadar of the three villages of Budhamunda, Tara and Chuinara in the ex-State of Bolangir, Three Pattas, one for each village, had been issued to him in 1936 for a period of fifteen years from 1-4-1936 to 31-3-1950. As Thekadar the petnr. was in possession of Bhogra lands along with his co-sharers. The Bhogra lands in villages Budhamunda, Tara and Chuinara were respectively 41.79 acres, 93.82 acres and 40.87 acres, in all 176.48 acres. The ex-State of Bolangir merged in the State of Orissa on 1-1-1948. The Government of Orissa took a decision in 1949 for abolition of Thekadari system with effect from 1-4-1950 after the expiry of the Thekadari Pattas. Accordingly Bhogra conversion proceedings were initiated. The principles to be followed were that five acres of Bhogra lands to be selected by the revenue authorities would be reserved for settlement as service inam jagirs for village officers and those lands which were treated as Bhogra on account of surrender or abandonment by tenants would be settled with those tenants. The other Bhogra lands were to be settled with the Thekadars or their co-sharers according as they were found to be in possession. Subsequently it was decided that those reserved five acres would be temporarily given to the Grama Panchayats to be leased out on annual auction. In the year 1973 a decision was taken that those reserved five acres would be distributed amongst landless persons. Bhogra conversion proceedings were started in April, 50 and concluded on 10-3-1953. Bhogra lands were settled in the three villages as indicated hereunder: Village Budhamunda

1. Gopaleswar Dharua s/o. Chaitan Dharua Ac. 5.55

2 Raicharan Dharua s/o. Chandala Dharua Ac. 15.36

3 Jani Dharua s/o. Chandala Ac. 5.89

4 Khaman Dharua s/o. Judhesthi Ac. 2.96

5 Rana Gauda s/o. Sankirtan Ac. 7.03

6. Jagir (reserved) Ac. 5.00 Ac. 41-79

Village Tara

1. Gopaleswar Dharua s/o. Chaitan Dharua Ac. 32.32

2. Dingar Dharua s/o. Chaitan Dharua Ac. 37.34

3. Gopi Dharua s/o. Chaitan Dharua Ac. 10.55

4. Madhab Dharua s/o. Sadhu Dharua Ac. 8.61

5. Jagir (reserved)

Ac. 5.00

Ac. 93.82

Village Chuinara

1. Laxman Dharua s/o. Padamona Dharua Ac. 29.59

2. Madhab Dharua S/o. Sadhu Dharua Ac. 6.28

3. Jagir (reserved)

Ac. 5.00

Ac. 40.87

The petitioner does not challenge the legality of the settlement of some of the Bhogra lands with his co-sharers who were found to be in possession of those lands and on some of the tenants whose lands had been treated as Bhogra in 1936 on account of their surrender or abandonment. The challenge is confined only to the reserved five acres in each of the three villages. Thus the subject-matter of the writ application is confined to 15 acres of Bhogra lands out of 179.48 acres of Bhogra lands in all the three villages. The legality of the settlement in respect of the residual 161-48 acres is not challenged. Petnr. s stand is that he is still in possession of these 15 acres of reserved Bhogra lands in the three villages and that he had acquired occupancy right in those lands by virtue of Section 7 (g) of the Orissa Merged States (Laws) Act, 1950 (Orissa Act IV of 1950) (hereinafter to be referred to as the Act) which came into force on 3-3-1950 and that a writ of mandamus and an injunction should be issued against the opposite parties not to interfere with his possession. Petnr. does not dispute that there were Bhogra conversion proceedings in which his signatures were taken as evidence of his assent to settlement of Bhogra lands in the three villages as indicated above and that he executed agreements on 13th June, 1951 whereby he surrendered his Thekadari right and the Bhogra lands to the State. He, however, takes the stand that he did not know his legal rights and his signatures in the Bhogra conversion pro