TMI Blog2003 (7) TMI 715X X X X Extracts X X X X X X X X Extracts X X X X ..... nd undisputedly was non-agricultural land, the same vested in the State. It appears that after the death of Manindra Chandra Sinha, his sons executed certain leases. The Dy. Collector, Puri by an order dated 10.8.1957 revoked those leases. It may be mentioned that Manindra Chandra Sinha died in the year 1922 and by virtue of a will, his sons, namely, Bimal Chandra Sinha, Amresh Chandra Sinha and Brundaban Chandra Sinha succeeded to the aforesaid estate upon obtaining a probate. All the sons of Manindra Chandra Sinha applied in 1959 for settlement of the said land in their favour under Section 7 of the Act. Although two of the sons have already died during pendency of the application, the Collector by order dated 17.6.1964 settled the afores ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... half by the competent authority, but as such settlement was subject matter of ceiling proceedings which went up to the Board of Revenue, the order of settlement could not have been cancelled after a long time. Section 5 and 7 of Orissa Estate Abolition Act, 1951 read as under: 5. Consequences of vesting of an estate in the State - Notwithstanding anything contained in any other law for the time being in force or in any contract, on the publication of the notification in the Gazette under Subsection (1) of Section 3 or Sub-section (1) of Section 3-A or from the date of the execution of the agreement under Section 4, as the case may be the following consequences shall ensue namely: (a) Subject to the subsequent provisions of this Ch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g with the said date and ending with the period aforesaid bears to the whole of that period: Provided further that any part of such dues appropriated by the intermediary beyond what may be found due to him in accordance with the provisions of this clause may be recovered by the State Government as arrears of land revenue or by the deduction of the amount from the compensation payable to such Intermediary. Provided also that the payment of any amount on account of any such rents, cesses, royalties and other dues made to the outgoing intermediary in pursuance of the orders of any Court of law shall constitute a valid discharge. (c - k) xxxxxxxxx 7. Certain other lands in khas possession of Intermediaries to be retained by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd transferred to the State. As vesting takes place free from all encumbrances, the intermediaries ceased to have any rights there under. The plot in question being admittedly Anabadi land must be deemed to have vested in the State Government subject to any right which the intermediaries could have claimed thereupon. Under Section 5 of the Act, the intermediaries although might not have physically dispossessed, but they would be deemed to go out of possession and it was open to the State to exercise its right of possession. Section 7 of the Act provides for an exception. It, thus, must be construed strictly. In terms of the afore-mentioned provision, only the lands specified therein can be retained by the intermediaries as a raiyat but ..... X X X X Extracts X X X X X X X X Extracts X X X X
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