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april 1962

Supreme Court of India · 1962-04-30

KUMAR BIMAL CHANDRA SINHA vs STATE OF ORISSA

Citation / case number
SC 1960/111
Court
Supreme Court of India
Petitioner
KUMAR BIMAL CHANDRA SINHA
Respondent
STATE OF ORISSA
Bench
SINHA, BHUVNESHWAR P.(CJ),SUBBARAO, K.,AYYANGAR, N. RAJAGOPALA,MUDHOLKAR, J.R.,AIYYAR, T.L. VENKATARAMA

Judgment text excerpt

The Supreme Court held that under the Orissa Estates Abolition Act, 1951, the raiyati interests of the appellants in the lands and buildings were not affected by the abolition of their proprietary rights. The Court clarified that the Act aimed to abolish the interests of proprietors and tenure holders but did not impact the rights of raiyats. Consequently, the State's possession of the buildings on the occupancy holding was deemed illegal, and the High Court's reliance on K. C. Gajapati Narayan Deo v. The State of Orissa was found to be misplaced as it pertained to different legal considerations.

KUMAR BIMAL CHANDRA SINHA vs STATE OF ORISSA · Niyam