Judgement

R. N. MISRA, C.J.:- The petitioner in this application under Article 226 of the Constitution challenges the appellate decision of the Additional District Magistrate, opposite party No. 3, dated 27-8-1977 upholding the rejection of a claim, for settlement under S.6 of the Orissa Estates Abolition Act (hereinafter referred to as the Act ),

2. The petitioner made an application on 29-6-1973 purporting to be under Sections 6 and 7 of the Act for settlement of 30.39 acres of land covering tanks, homestead with building, road and orchards, all located within mouza Jatannagar of Sadar Police Station of District Dhenkanal. The claim was duly published under Section 8-A of the Act in compliance of order dated 4-1-1974. No objection was, however, filed on 28-4-1975 the Collector under the Act recorded the following order :-

"The claim petition relates to the lands held under Nijchas of the applicant in respect of which rent has been assessed under the O.P.L.R. (Assessment of Rent) Act, 1958. As per Revenue Department clarification issued in letter No. 81272/R. dated 8-12-1973 the lands held by the applicant in his khas possession do not form an estate and as such he cannot be taken a