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1954 Supreme(Ori) 101

PANIGRAHI, RAO
P. RAMAMNRTI – Appellant
Versus
DHUBA ETC. ETC. – Respondent


Advocates Appeared:
H. Mohapatra and R.N. Misra, for the Appellant; S.K. Bay in O.J.Cs. 54 and 55 of 1953 and A.G., for the Respondent

JUDGMENT :

Panigrahi, C.J. - These consolidated applications under Articles 226 and 227 of the Constitution raise the question of the validity of certain proceedings initiated under the Agency Tracts Interest and Land Transfer Act, 1917 (Madras Act I of 1917), now pending before the Special Assistant Agent, Rayaghada, in Koraput district. The Petitioners are all non-hillmen and opposite party No. 1 in each of these proceedings is a hillmen who has transferred his lands in favour of the Petitioners or their predecessors-in-interest. Opposite Party No. 2 is the Special Assistant Agent, Rayaghada, in all these cases.

2. The substantial question that has to be, decided is whether the introduction of the Bengal, Arga and Assam Civil Courts Act of 1887 (XII of 1887) in Koraput district has deprived the Special Assistant Agent of his jurisdiction to entertain the petitions filed by opposite Party No. 1.

3. A few preliminary facts have to be stated in order that the points raised by the Petitioners may be appreciated. The lands which from the subject-matter of the dispute between the hillmen and their transferees who are non-hillmen, lie within the district of Koraput which is a Scheduled are














































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