Judgement

JAGANNADHADAS, C. J. :- This is an application under Art.226 of the Constitution by the petitioner who is the proprietor of Madhupur Estate in Cuttack district, against the State of Orissa and the Court of Wards of the Orissa State, as well as against the Deputy Collector in charge of the Wards Estate. The State Government by virtue of the powers conferred on it under S.16, Orissa Court of Wards Act, 1947, issued notification No.9876/R dated the 7th December 1951, in the Revenue Department declaring the petitioner a disqualified proprietor under S.10(f)(iv) of the said Act and published the same in the Orissa Gazette in accordance with the provision of S.21 of the Act. The Court of Wards assumed superintendence of the Madhupur Estate by virtue of the said notification on the 8th December 1951. Since then, the Estate has been under the management of the Court of Wards. The petitioner has accordingly come forward with this application dated the 5th March 1952, challenging the validity of the action of the State Government in declaring him a disqualified proprietor and in ousting him from the possession of the Estate.

The validity of the declaration is challenged on various gr