JUDGMENT

L. MOHAPATRA, J. - Prayer in this writ application is for a direction to opposite party No.1 to accept rent from the petitioner in respect of Hal Plot No.4702, Hal Khata No.1076 corresponding to Sabik Plot No.1726, Sabik Khata No.918 corresponding to an area of Ac.4.00 in Mouza Gadakana under the Bhubaneswar Tahasil.

2. Case of the petitioner is that in the year 1947 father of the petitioner was issued with a Patta on 15.3.1947 in respect of the said land by Raja of Kanika. Rent was being paid to the Raja of Kanika till 1951 and thereafter rent was being accepted by the Anchal Sasan till 1962. Father of the petitioner remained in possession of the land and his relationship with Raja of Kanika was that of land lord and tenant. After death of the father of the petitioner in the year 1947, the petitioner as successor became a tenant under the Raja. After coming into force of the Estate Abolition Act, the petitioner became the deemed tenant under the State in view of Section 8(1) of the Orissa Estate Abolition Act. Since the petitioner was serving in Army and was remaining absent from the village from 1948 to 1978, no steps could be taken in the settlement made in 1974 and the