JUDGMENT :

Panigrahi, C.J. - This is an application under Articles 226 and 227 of the Constitution praying for the issue of a writ of Certiorari for quashing the order of the District Collector, Cuttack, declaring the disputed lands to be 'communal lands' within the meaning of Orissa Act I of 1948.

2. The admitted facts are that plot Nos. 54 and 155 of village Kharira in P.S. Salepur are recorded as 'Puratan Patit' in the Anabadi Khata of the ex-proprietor Choudhury Gangadhar Das of Bhingarpur who is the Petitioner before us. These lands were leased out to one Bhaja Govind after the 1st April 1946. The opposite parties are the residents of the neighbouring village of Kankaraillo and some other villages. Kankaraillo lies adjacent to Plot No. 54. These villagers complained that the disputed plots 54 and 155 served as a sort of passage for their cattle and carts, to reach the grazing ground which has been recorded as plot No. 49 at the western end and the tank, plot No. 178, at the eastern end. They therefore prayed that suitable action may be taken against the lessees so hat their right of passage may not be interfered with. The Sub-Deputy Collector at Cuttack was directed to hold an e