Court : Orissa
Reported in : AIR1975Ori219
..... during the pendency of the second appeal the orissa merged territories (village offices abolition) act, 1963 (orissa act 10 of 1963) (hereinafter to be referred to as the act) came into force in the ex-state of sonepur from 1-12-1972.3. ..... . the orissa merged territories (village offices abolition) rules, 1962 (hereinafter to be referred to as the rules) are not beyond the rule-making power and no contention of excessive delegation of legislative power was advanced before us ..... judgment, decree or order of a court, with effect from and on the appointed date--(a) the village offices, if any, within the respective territories shall be deemed to have been abolished;(b) all the incidents of the service tenures relating to such offices shall be deemed to have been extinguished;(c) all settlements, sanads and all grants in pursuance of which such tenures were being held immediately before the appointed day shall be deemed to have been cancelled;(d) the rights of the holders of such offices to receive any emolument shall be deemed to have .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC1121; (1976)2SCC134; [1976]3SCR75; 1976(8)LC237(SC)
..... the council and the state then made an application under section 47 of the cpc stating that the decree was not executable because the orissa merged territories (village offices abolition) act, 1963, hereinafter referred to as the act, had come into force in the area on april 1, 1966, and the 'bhogra land' in question had vested in the state free from all encumbrances. ..... section 3 of the act expressly provides for the abolition of village offices under the act, and the consequences of such abolition. ..... we have made a reference to clauses (a), (b)(c), (d) and (f) of that section, and we have no doubt that the consequences stated in the section in regard to the abolition of village offices, the extinction of the incidents of the service tenures, cancellation of the settlements and sanads etc. ..... it may be mentioned that in a given case there may be no 'bhogra land' to be settled with a village officer, or a village officer may feel aggrieved on the ground that the act provides for the acquisition of property by the state, but we find that provision has been made in the act for the payment of solatium or compensation under sections 8 and 10 in such cases and it cannot be said that they have been left without a remedy.11. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1979Ori190; 47(1979)CLT567
..... this is a revision under section 13(3) of the orissa merged territories (village offices abolition) act, 1963 (hereinafter called the 'act'). ..... reading the orissa survey and settlement act, 1958 along with the orissa board of revenue act, 1951, it was held that the power of review conferred by the orissa board of revenue act on the board of revenue can be exercised in respect of orders passed under the orissa survey and settlement act. ..... so reading the provisions of that act along with the orissa board of revenue act, 1951 there can be no escape from the conclusion that the power of review conferred by the orissa board of revenue act can be exercised in respect of orders passed under the act. ..... but there is the orissa board of revenue act, 1951 (act 23 of 1951) which confers power of review on the board of revenue under section 7 (1) thereof ..... the question was whether the board of revenue exercising its jurisdiction under the orissa survey and settlement act, 1958 had power of ..... in a proceeding under section 5 (1) of the act, 8.29 acres of bhogra land in village mangaspur were settled in favour of one mangal prasad patel of kurla (hereinafter referred to as patel of kurla ..... this proceeding was contested by one bearing the same name, but of a different village mangaspur (hereinafter referred to as patel of mangaspur ..... is no express provision either in the act or in the rules framed thereunder, conferring power of review on the board of revenue hearing appeal under section 13 of the act. .....
Tag this Judgment!Court : Orissa
Reported in : 61(1986)CLT574; 1986(I)OLR581
..... this civil revision, under section 13 of the orissa merged territories (village offices abolition) act, 1963, (in short 'the act') has been fifed by one of the co-sharers of the village officer against the order of the member, board of revenue, in second appeal remitting back the proceeding to the revenue officer for further enquiry in respect of plot nos. ..... it reads as follows :'provided that no water reservoir, whether known as tank, muna, bandha, kata or by any other name whatsoever, which forms part of such bhogra land and which was being used for the purposes of irrigation or for any communal purpose, shall be settled with the holder of the village office or with any other person as aforesaid. ..... ghosh, the learned counsel for the petitioners submitted that on a wrong interpretation of the proviso to section 5 of the act added retrospectively to section 5 by section 2 of orissa act 33 of 1976; the member, board of revenue, has not remitted back the proceeding in respect of other plots merely because they were recorded in revenue papers as water reservoirs. ..... 'this amendment is of a retrospective character and it was provided in section 2 of orissa act 33 of 1976 that it shall be deemed to have always thereunder section 5 of the act.4. ..... a clear and categorical finding on the basis of materials on record relating to those lands as on the date of coming into force of the act in the area is essential6. ..... it is riot disputed that the act came into force from 1.4.1966. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1984Ori57; 56(1983)CLT482; 1984(I)OLR40
..... who are the sons of baibar filed written statement contending, inter alia, that the suit lands were the self-acquired properties of their father and are not liable for partition; that the suit was barred by limitation; and that the civil court had no jurisdiction to entertain the suit in respect of the lands in schedule a-2 as those were being dealt with under section 6 of the orissa merged territories (village offices abolition) act, 1962 (orissa act 10 of 1963).6. ..... chapter iii of the orissa merged territories (village offices abolition) rules, 1963 framed under the act prescribes the procedure for settlement ..... bhogra lands were settled by the collector after abolition of the village offices by a press note-which had been issued prior to the enactment of orissa act 10 of 1963. ..... abolition of the village offices, the gountia shall cease to have the right to hold, the gounti-raiyati lands as provided under section 3 (g) of the act ..... the substantial question of law that arises for consideration in this appeal is whether the gounti-raiyati lands in the former state of bamra are the personal property of the gountia or he ceases to have the right to hold the same on abolition of the village offices ..... , usage, settlement, grant, sanad or order or in any judgment, decree or order of a court, with effect from and on the appointed date - (a) the village offices, if any, within the respective territories shall be deemed to have been abolished. ..... of the act deals with abolition of village offices and .....
Tag this Judgment!Court : Orissa
Reported in : 102(2006)CLT326
..... there is no dispute that on the incorporation of orissa merged territories (village offices abolition) act (10 of 1963), all bhogra lands vested in the state and collectors were given authority under the press note issued by the state government to settle such lands in favour of persons in actual physical possession. ..... in support of his submission, he relied on the ratio of the case of vysyaraju badri narayan murty raju (supra) wherein while analyzing the power of review in a matter relating to orissa land reforms act, it was observed that the orissa land reforms act being a complete statute making provision for appeal or revision in respect of orders passed by the revenue officer and power of review being a creature of the statute and no such power of review of the judgment on merit by board of revenue being available, review of the earlier order was improper. ..... of title and not praying for any consequential relief the suit was not maintainable in view of the bar provided under section 34 of the specific relief act and further the findings of the trial court on this issue not having been challenged and the appellate court having not answered this issue, the finding of the trial court assumes finality; (2) that once there was a settlement of bhogra lands on the basis of compromise the bhogra officer had no jurisdiction to review or cancel that order or pass .....
Tag this Judgment!Court : Orissa
Reported in : AIR1976Ori69; 42(1976)CLT48
..... this is an application under section 13 (3) (a) of the orissa merged territories (village offices abolition) act, 1962 (orissa act 10 of 1963) (hereafter referred as the 'act') directed against the appellate order of the board of revenue.2. ..... the act seeks to abolish village offices in the orissa merged territories and is intended to come into force on such date as the government may by notification appoint in that behalf and different dates may be so appointed in respect of different areas. ..... under section 3, with effect from and on the appointed date the village offices within the respective territories are deemed to have been abolished; service tenures are extinguished; all settlements, sanads and all grants in respect of such tenures are deemed to have been cancelled; rights of the holders of such offices to receive emoluments are deemed to have been terminated; all rights to hold office and any liability to render service pertaining to such office stand extinguished and all bhogra lands stand resumed .....
Tag this Judgment!Court : Orissa
Reported in : 1993(II)OLR106
..... the provisions of the orissa merged territories (village offices abolition) act (orissa act 10 of 1963) which is in pari materia with the orissa offices of village police (abolition) act with which 1 am concerned in the present case came up for consideration before their lordships of the supreme court in the case of maguni charan dwivedi v. ..... under the provisions of the orissa offices of village police (abolition) act (hereinafter referred to as the 'abolition act'), with effect from and on the appointed date, all jagir lands stand resumed and vested absolutely in the state government free from all encumbrances as provided in section 3 (1) (e) of the abolition act, but under the proviso to the said sub-section, if a person being a jbankar was immediately before the appointed date discharging the duties of a village priest attached to the office of jhankar, then he would be entitled to continue to hold fifty per cent of the jagir lands so long as he continues to discharge the said duties. ..... the aforesaid decisions of this court in relation to settlement made in favour of an intermediary under the orissa estates abolition act, cannot have any application to a settlement made in favour of a village police officer under the provisions of the abolition act, in view of the provisions of section 4 of the said act. ..... it is also the further case that in a proceeding under the orissa offices of village police (abolition) act, 1964 (orissa act 3 of 1964), ac. .....
Tag this Judgment!Court : Orissa
Reported in : 58(1984)CLT398; 1984(II)OLR843
..... on a perusal of the impugned order it is clear that the board has not paid due attention to this important aspect of the case excepting in the concluding portion of the judgment while summing up his decision the board observed that chandramani naik was recognised as a raiyat in the disputed lands which he was in possession of that land on the appointed date under the orissa merged territories (village offices abolition ) act. ..... (1) of section 5 of the act include the holder of the village office, so that in order to be eligible for settlement of the land with occupancy rights, be must also be in separate and actual cultivating possession of the 'bhogra land' immediately before the appointed date.in view of the aforesaid settled position of law, the material question for consideration is who, the petitioner or the opposite party, was in separate and actual cultivating possession of the disputed land immediately before the appointed date, i, e., on 1. 4. ..... 1976 orissa 69) was of the view that the holder of the village office need not show possession before being settled with the land. ..... there was some controversy on the question whether the village office holder or his co-sharer is required to show possession over the bhogra land before the same could be settled in his or their favour ..... 19j6 under orissa merged territories (village offices abolition ) act, 1963, a suo motu proceeding, bhogra case no. ..... the village offices of the district of sundergarh were abolished with effect from 1; 4 .....
Tag this Judgment!Court : Orissa
Reported in : [1991]71CompCas220(Orissa)
..... this appeal having been dismissed by the member, board of revenue, by his order (annexure-4), the petitioners came up before the high court for quashing the above referred orders (annexures 1, 2 and 4) passed under the provisions of the orissa merged territories (village officers abolition) act, 1962, and for a direction to settle the disputed land in favour of the petitioner.34. ..... 4 was never the holder of village office abolished under the orissa merged territories (village officers abolition) act, 1962, and was not in possession of the land on the said date. ..... 4 was the holder of the village office abolished under the said act and that although the petitioners were in possession of the land they were not tenants under opposite party no. 4. ..... 11 to 16 made an attempt through dw-3 to prove that the section officer alone was the competent officer authorised by the executive engineer to receive the goods and acknowledge the receipt on the challans. ..... earlier, we have held that the plaintiffs suit is to fail against the state government and its officers and the same is to succeed against the company, its directors and guarantors.40. ..... 11 to 16 did not take any steps to examine the officers who, according to the defendant-company, signed on the receipt, exhibits d and 30(b) to deny their signatures. ..... 11 to 16, the government and the officers representing the government, even disputed the receipt of the goods of the value of rs. .....
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