STATE OF ORISSA versus NITYANAND SATPATHY AND ORS.

STATE OF ORISSA versus NITYANAND SATPATHY AND ORS.

The land being non-agricultural ('anabadi') and not in cultivating possession of the intermediary on the date of vesting could not be settled in favour of ex-intermediaries under Section 7; the settlement was bad in law as the statutory requirements were not met.

Source-derived case information.

Parties
Appellant: State of Orissa; Respondent: Nityanand Satpathy and others
Jurisdiction
India
Judgment Date
31 July 2003
Procedural Posture
Civil Appeal / Appeal From Orissa High Court Judgment Dated 22.7.1996 in O.j.c. No. 215 of 1992
Outcome
Appeal allowed; order and judgment of High Court set aside.
Legal Topics
Vesting of Estates, Settlement of Land, Khas Possession, Non Agricultural Land, Application of Orissa Estates Abolition Act
Property Law Land Law Vesting of Estates Settlement of Land Khas Possession Non Agricultural Land Application of Orissa Estates Abolition Act

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Parties

State of Orissa

Appellant

Nityanand Satpathy and others

Respondent

Procedural Posture

Civil Appeal / Appeal From Orissa High Court Judgment Dated 22.7.1996 in O.j.c. No. 215 of 1992

Legal Issues

  1. 1 Whether the settlement of 'anabadi' land in favour of ex-intermediaries under Section 7 of Orissa Estates Abolition Act was valid
  2. 2 Whether land not used for agricultural or horticultural purposes can be settled with ex-intermediaries under Section 7

Ratio Decidendi

The land being non-agricultural ('anabadi') and not in cultivating possession of the intermediary on the date of vesting could not be settled in favour of ex-intermediaries under Section 7; the settlement was bad in law as the statutory requirements were not met.

Court Disposition

Appeal allowed; order and judgment of High Court set aside.

Orders

  • Order and judgment under challenge are set aside.