Judgement

NARASIMHAM, J. :- This is a petition under Art.226 of the Constitution for a declaration that the provisions of the Orissa Tenants Protection Act, 1948 (Orissa Act 3 of 1948) are void as being inconsistent with the fundamental rights guaranteed under the Constitution and that proceedings under that Act pending in the Court of the Second Officer. Russelkonda, in Misc. Petition No.38 of 1950 are without jurisdiction.

2. The petitioner claims to be the owner of about 22 acres of agricultural land in Ganjam district. He alleged that formerly he allowed the opposite party to cultivate about five acres of his land; but as the latter defaulted in payment of rent he evicted him as early as 1946 and took over the cultivation of the said land through his farm servants. In January 1948, the Orissa Legislative Assembly passed an Act entitled the Orissa Tenants Protection Act, 1948, which having been assented to by the Governor-General, came into force in all the districts of the old Province of Orissa, except Sambalpur, on 14-2-1948. It was alleged by the petitioner that taking advantage of some of its provisions, the opposite party filed a petition (M.P. No.35 of 1949) in the Court of