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PETITIONER: BISWAMBHAR SINGH
Vs.
RESPONDENT: THE STATE OF ORISSA AND ANOTHERJANARDHAN SINGHV.THE STATE OF
DATE OF JUDGMENT: 18/12/1953
BENCH: DAS, SUDHI RANJAN BENCH: DAS, SUDHI RANJAN SASTRI, M. PATANJALI (CJ) MAHAJAN, MEHR CHAND BOSE, VIVIAN HASAN, GHULAM
CITATION: 1954 AIR 139 1954 SCR 842 CITATOR INFO : F 1955 SC 504 (54,87) R 1955 SC 795 (5) E&D 1956 SC 346 (3) R 1956 SC 503 (23) R 1958 SC 956 (19)
ACT: Orissa Estates Abolition Act, (Orissa Act 1 of 1952), ss. 2(g), 2(h) and 3-Owners of certain zamindaries - Whether intermediaries holding an estate within the meaning of ss. 2(g)and 2(h).
HEADNOTE: The State Government is empowered under s. 3(1) to issue a notification declaring that the estate specified therein has passed to the State, but the notification must be in respect of the’ property which is defined as an estate in a. 2(g) and that estate must be held by an intermediary as defined in s. 2(h). In order to be an intermediary according to the definition in s. 2(h) the person must be, among other things, "a Zamindar, Ilaquedar, Kherposhdar or Tagirdar within the meaning of Wajibul-arz or any Sanad, deed or other instrument." 843 Held, that the proprietors of Hamgir and Serapgarh properties were not intermediaries as defined in s. 2(h) and their respective properties were ...