Judgement

PANIGRAHI, C. J. :- This is an application by the proprietor of Bodogodo Estate in Ganjam district, under Art. 226 of the Constitution, praying for the issue of a direction in the nature of mandamus against the State of Orissa and the Taluk Officer, Surada, restraining them from executing a distraint order issued by the Collector of Ganjam for the recovery of the costs of survey and preparation of the record-of-rights of the petitioners estate. The said distraint order was issued for the recovery of a sum of Rs. 48,044/- and odd and was served on the petitioner on 16-3-1951.

The distraint order purports to have been issued under S. 8, Madras Revenue Recovery Act 1864 (Act 2 of 1864) against the proprietor who became a defaulter on failure to pay up the amount. A number of cars belonging to the petitioner, one silver Tamjan, one silver Haucta and some other movables were attached and notified for sale at a public auction.

2. The petitioner contends, in the first place, that he is not liable to pay the charges incurred either for the survey or for the preparation of the record-of-rights, as both these operations were undertaken suo motu by Government.

Secondly, he contends that