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1956 Supreme(Ori) 79

NARASIMHAM, MOHAPATRA
SANKARSANA RAMANUJA DAS – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
H.MOHAPATRA, N.V.RAMDAS

NARASIMHAM, C. J.

( 1 ) THE petitioner is the holder of a pre-settlement minor mam in Ganjam District and he has challenged the validity of Notification No. 4971-XV-2154-E. A, dated 15-7-1905 of the Government of Orissa issued under Section 3 (1) of the Orissa estate Abolition Act, 1951 (Orissa Act I of 1952) (hereinafter referred to as the act), vesting the said minor mam in the State of Orissa. The challenge is made on the ground that a pre-settlement minor inam does not come within the definition of the expression 'estate' as given in Section 2 (g) of the Act and that consequently the Government of Orissa have no jurisdiction to issue a Notification under Section 3 (1) of the Act in respect of this inam.

( 2 ) THE Act was introduced as a Bill in the Orissa Legislative Assembly on 17-11950 and was passed by the Assembly on 28-9-1951. The Governor of Orissa reserved it for the consideration of the President who gave his assent on 23-11952. Since then the Act has undergone several amendments, but the amendment with which we are primarily concerned in this writ application is the amendment made on 24-12-1954, by the Orissa Estate Abolition (Amendment) Act, 1954 (Orissa Act XVII, o


























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