JUDGMENT :

R.C. Patnaik, J. - This batch of writ application has been filed by successors of former Guntias of the ex-State of Gangpur who were in enjoyment of certain bhogra lands. 'It is alleged that anabadi lands were converted by them into agricultural land and/or otherwise put to use. Though they were entitled to Nayabadi pattas, the property was recorded in the settlement record under Bhogra khata. They had water reservoirs and/or tanks dugged for their own use and enjoyment. Community had no right whatsoever therein.

2. Orissa Merged Territories (Village Offices Abolition) Act, 1963 received the assent of the President on May 23, 1963 and published in the Gazette on 4-6-1963. Section 5 of the said Act, as it stood originally, provided for settlement of Bhogra lands with rights of occupancy with the bolder of the village office or with him and all those other persons, if any, who may be in the enjoyment of the hind or any part thereof as his co-sharer or as tenant under him or under such co-sharer to the extent that each such person was in separate and actual cultivating possession of the same immediately before the appointed date. Sub-section (2) of Section provided the extent