J.K.MOHANTY, R.C.PATNAIK
RADHA GOVINDA SWAMY – Appellant
Versus
STATE OF ORISSA – Respondent
JUDGMENT :
J.K. Mohanty, J. - In these writ applications, the petitioners have challenged the vires of certain provisions of the Orissa Estates Abolition Act, 1951, as amended by the Amending Acts of 1974, 1978 and 1979. They have also challenged the vires of the notifications under section 3-A of the Act and sought a declaration that the said notification is illegal and has no application as regards them. A prayer has also been made for a direction for incorporation of a provision akin to Article 290-A of the Constitution of India guaranteeing payment of annuity and for other reliefs.
2. The Orissa Estates Abolition Act, 1951 (Orissa Act 1 of 1952) coming in the wake of the constitution, made provision as the preamble indicates for abolition of rights, title and interests in land of intermediaries by whatever name known including the mortgagees and lessees of such interests between the raiyats and the state of Orissa and for vesting in the State of the said rights, title and interest. The enactment was a measure to secure economic justice for all and to that end to secure the ownership and control of all material resources of the community so that they might best subserve the common
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