Court : Orissa
Reported in : AIR1961Ori131
..... on the 2lst may, 1938, was brought into force the orissa private lands of rulers (assessment of rent) act, 1958 (orissa act xiii of1958 -- hereinafter referred to as the act), bywhich all the private lands of the former rulers inorissa were classified into three groups viz, (i) irrigated wet land; (ii) rain-fed wet jand; and (iii)dry land, & power was conferred on the appropriateauthorities to assess all these classes of land to rentafter following the procedure prescribed in the actand in the rules framed under the act.in these rules detailed instructions were given for the mode of assessment of these classes of private lands and the maximum rate of rent assessable was also fixed. ..... has been provided, dealing with the incidents of tenancy of homestead lands of a tenant.by virtue of the impugned act the ex-rulers became the tenants of government so far as their private lands were concerned and it is entirely left to the government as the landlord either to exempt their homesteads from assessment to fair and equitable rent or else to insist on such 'tenants' paying rent for these homesteads also. ..... moreover neither kesinga nor bhowanipatna is a municipality and the act does not expressly say that it does not apply to the private lands of the rulers which are not actually used for agricultural purposes.all the private lands have been classified into the three aforesaid groups and the maximum rate of assessment for each group has been prescribed in the rules. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1964SC1195; [1964]6SCR301
..... 32 of the constitution and claimed a declaration that the operative provisions of the orissa private lands of rulers (assessment of rent) act. ..... basing themselves on the fact that in the calculation of the rent made by the revenue officers in respect of the private lands of rulers they have arrived at a figure of rent which is generally higher than the rent which would be determined in case the rates current under the settlement prevailing in respect of the other lands were applied, the petitioners contend that in their operation the relevant provisions of the act have introduced an illegal discrimination as between their lands and the other lands liable to assessment of rent in the state of orissa. ..... the operation of sections 3, 5 and 6 of the impugned act is, therefore, limited to the period between june, 1958 when the act came into force and the date when the assessment determined under the provisions of the subsequent act actually come into operation in respect of all the lands. ..... ' it received the assent of the governor on the 21st may, 1958 and was published in the state gazette on the 6th june, 1958. ..... 1958 (hereinafter called 'the act') and the rules framed thereunder are unconstitutional and ultra vires. ..... 9,000 and odd and it has to be paid by her from 1958 retrospectively. 3. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1966Ori214
..... singh deo is the ruler of the ex-state of bolangir which was merged in the state of orissa by the well known merger agreement of 1947 and the administration of the said state was taken over by the government of orissa on 1-1-1948 in the year 1958 an act was passed known as 'the orissa private lands of rulers (assessment of rent) act xiii of 1958 (hereinafter mentioned as 'the orissa act') the object of this act is to make provision for theassessment of rent in respect of the private lands of the rulers in the state of orissa. ..... of the claim of the petitioner that he is not liable to assessment under the orissa act as in respect of certain property on the ground that it was sold to one of his sons the document was never produced nor did it come in the performance of the functions before the additional collector in any other capacity for any other purpose.the learned advocate general urged that the 1st part of section 33(d) shall not be applicable to the case as the additional collector was not acting as a court but the second part of the said section will apply to the case ..... 27/59) was started by the additional collector, bolangir, as a revenue officer of the district for assessment of the private lands of the petitioners. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1983Ori39; 54(1982)CLT577
..... at the hearing, however, two contentions were pressed by the petitioner's counsel, namely:-- (1) the authorities under the act have not kept the requirements of section 6 in view and have, therefore, been misled and (2) in view of the fact that the lands had been settled with the petitioner andrent had been assessed under orissa act 13 of 1958, the petitioner was already atenant under the state government as has been held by this court in pratapkesari deo ..... (assessment of rent) act, 1958 ..... have gone through the said circular of the government which says that the private lands of ruler in occupation of permanent tenant or an occupancy tenant is subject to abolition as the ruler comes in between the state and tenant. ..... dated 27-8-77 upholding the rejection of a claim for settlement under section 6 of the orissa estates abolition act (hereinafter referred to as the 'act'). 2. ..... the petitioner preferred an appeal under section 9 of the act challenging the rejection of his claim under section 6 of the act in regard to settlement of the 56 decimals of land ..... objection was, however, filed on 28-4-75 the collector under the act recorded the following order:-- 'the claim petition relates to the lands held under nijchas of the applicant in respect of which rent has been assessed under the o. p. l. r. ..... whether it is a building fit for human occupation or not the claim would certainly be covered only under section 6 of the act and the enquiry has, therefore, to be confined to possession and not khas .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2003(Suppl1)SC142; 2003(6)SCALE465; (2003)10SCC6
..... if the orissa legislature has imposed a tax in the form of assessment of the private lands of the rulers, clearly it has not purported either to deprive the rulers of their property or to acquire or requisition the said property; it is a simple measure authorising the levy of a tax in respect of agricultural lands and, as such, it is entirely outside the purview of article 31.'13. ..... the learned counsel for the appellants urged that the lands in question were private properties of ex-ruler of rampur state as is evidence from merger agreement coupled with collateral letters and the notification issued under the zamindari abolition act; the father of the appellants was not a tenure holder as the lands were private properties of the ruler and he was absolute owner of the agricultural lands; having regard to the definitions contained in section 3 of the act of 'holding', 'tenure holder' and 'surplus land', section 5 of the act is not applicable to the lands held by the appellants and merely because exemption under clause 6(xiv) was ..... 6 in the list referred to above were given 'free of rent', the predecessor of the appellants was a 'government lessee' within the meaning of section 3 of the act; therefore,, he was a tenure holder under the act. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1975Ori146
..... (governor's provisions) order, 1949-- xx x x (h) when land is held as service tenure, either under the ruler or any member of his family the liability of the holder of such tenure to render service for the use and occupation thereof shall cease, and he shall, on payment of such rent as may be assessed by the provincial government as fair and equitable, acquire occupancy right therein; (i) when a person holds khamar, nij-jote or any other private lands of a ruler, which has been recognised as such by the provincial government, he shall not be liable to ejectment ..... if the rulers so liked they could retain the service tenures and in such a case the holders of the service tenures would not be entitled to occupancy right and the services would continue in the orissa merged states (laws) act, 1950 sub-clauses (h) and (i) of the ordinance were retained as section 7 (g) and (h) word for word without any alteration and the proviso continued as before under clause (h) though really it was a proviso to section 7 (g). ..... 's stand is that he is still in possession of these 15 acres of reserved bhogra lands in the three villages and that he had acquired occupancy right in those lands by virtue of section 7 (g) of the orissa merged states (laws) act, 1950 (orissa act iv of 1950) (hereinafter to be referred to as the act) which came into force on 3-3-1950 and that a writ of mandamus and an injunction should be issued against the opposite parties not to interfere with his possession. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1954Ori101; 19(1953)CLT491
..... it must further be shown that the legislature has authorised such a thing to be done at all events, and irrespective of its possible interference with existing rights.the orissa merged states' (laws) act, 1950 (act 4 of 1950) expressly makes provision in respect of the private lands of the ruler and creates a machinery for the decision of disputes between him and his tenants in respect of khamar lands. ..... created by the ruler and the rights accruing to the tenants under such tenures; and(h) lays down the law to be applied to the khamar lands of the ruler.the last item is in the following terms: 'when a person holds khammar, nijjote and any other private lands of a ruler which has been recognised as such by the provincial government he shall not be liable to ejectment but shall be liable to pay such fair and equitable rent as may be fixed by any competent authority appointed in this behalf by the revenue commissioner, or the commissioner northern division as the case may ..... the petitioner shall be entitled to the costs of this application which we assess at rs. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC530; (1971)1SCC85; [1971]3SCR9
..... the state of orissa : [1961]41itr743(sc) the a ruler of the erstwhile state of sonepur in orissa which had merged with orissa complained of a violation of his rights and privileges by the inclusive definition of a 'person' in section 2(i) of the orissa agricultural income tax act, 1947 (orissa act 24 of 1947). ..... the circumstance that the assessing officer has taken into account an ultra vires provision of the act is in this view immaterial in determining whether the assessment is 'made under this act'....jurisdiction to question the assessment otherwise than by the use of the machinery expressly provided by the act would appear to be inconsistent with the statutory obligation to pay arising by virtue of the assessment.it may be noted that this authority has not found favour with this court.251. ..... in that case was that by the terms of the merger agreement, the properties concerned in that case were declared as the petitioner's private properties and were protected from state legislation by the guarantee given under article 363 of the constitution and hence the impugned act was bad as that contravenes the provisions of that article the court rejected that contention with these observations :it is true that by the covenant of merger the properties of the petitioner became his private properties as distinguished from properties of the state but in respect of them .....
Tag this Judgment!Court : Orissa
Reported in : AIR1950Ori67
..... . in the context of the attainment of dominion status by india on 15th august 1947, the rulers of the orissa states executed instruments of accession under section 6, government of india act, and standstill agreements under section 7, indian independence act ..... when grottus created that science, state territory used to ba still, as in the middle ages, more or less identified with the private property of the monarch of the state, grotius and his followers applied, therefore, the rulea of koman law concerning the acquisition of private property to the acquisition of territory by states. ..... . 344, is likewise an authority on its own facts, the decision being based upon construction of an agreement by which the thakare (the chief) assigned to the officers of the government of bombay, in perpetuity, a spot of land ..... . the reservation saves the railway lands ceded by them from annexation, whilst the governor-general is able to provide the necessary courts for the trial of railway cases and to equip them with the necessary laws and rule of procedure.'at p ..... 87; land, (city of) v. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1962Ori60
..... secondly, he urged that the quantum of maintenance payable to the younger brothers of the rulers was entirely at the discretion of the succeeding sovereign and if on a due consideration of the assets in the hands of the younger brothers including the income from the khanja lands the new sovereign thought that the cash allowance was unreasonable and excessive ana hence refused to recognise that allowance, such decision would be an act of state not justiciable in municipal court.9. ..... when dhenkanal state merged with the province of orissa on 1-1-48 the orissa government as the delegated authority of the government of india exercising powers under the extra-provincial jurisdiction act 1947 made an order known as the administration of orissa states order, 1948, for the governance of the former sovereign states of orissa including dhenkanal. ..... he was also getting an appreciable income as monthly rent from these shops and hotels.it was further admitted by p. w. ..... of income-tax, air 1958 sc 816.7. .....
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