R. L. NARASIMHAM, C. J.

( 1 ) THIS is a petition under Article 226 of the Constitution, against the order of the board of Revenue dated 23-9-1955 in Estate Abolition Appeal Case No. 13 of 1955-56.

( 2 ) THE petitioner claimed to have obtained permanent lease of Survey Plot No. 132 having an area of 61 decimals and 97 decimals out of Survey Plot No. 133 in village Singla, appertaining to touzi No. 794, from the then proprietor of that touzi. When the touzi vested in the Government by virtue of the provision of the orissa Estates Abolition Act, the Collector of Balsore in purported exercise of the powers conferred on him by Clause (i) of Section 5 of that Act annulled the lease on the ground that (i) it was in fact made after the vesting of the touzi in the government and (2) it was made with a view to defeat the provisions of the Act. The petitioner appealed to the President, Board of Revenue who maintained the aforesaid findings of the Collector and dismissed the appeal.

( 3 ) MR. Pal on behalf of the petitioner urged that as there was a dispute between the parties as regards the date of lease -- the petitioner alleging that it took place sometime in 1944 and the Anchal Adhikary