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1. This is a petition under Article 226 of the Constitution by the ex-proprietor of Jeypore Estate in Koraput district, against the order of the Government of Orissa, calling upon him to pay a sum of Rs. 11,64,497-6-10 being his share of the costs of survey and settlement operations that took place in Jaypore estate during the period when the petitioner and his predecessor in interest were the proprietors of the Estate.

2. The petitioner's adoptive father, Maharaja Shri Vikrama Deo Verma was the proprietor of Jeypore estate till his death on the 15th April, 1951. The petitioner succeeded to the estate and remained as proprietor until the taking over of the estate by the State of Orissa under Section 3 (1) of the Orissa Estates Abolition Act 1051 (Orissa Act I of 1952), on the 29th December 1952.

"I am directed to say that under Section 180 of the Madras Estates Land Act 1908, Government have been pleased to order that the charge Incurred for the preparation of R. O. Rs. in the 511 villages of Block A of Jeypore Estate in Koraput District should be apportioned on- a 50:50 basis between the Zamindar and the tenants, including the hill tribes. The other proposals of- the Settlement Officer contained in this letter No. 1349-VI-8/50 dated the 17th August 1950 have been approved."

It will be noticed that though the Minister's order dated the 21st May 1951 did not expressly refer to the costs in respect of Block A of Jeypore Estate, the authenticated order signed by the Deputy Secretary refers only to the costs incurred in respect of 511 villages in Block A of Jeypore Estate. On the date of that order settlement operations were going on . in other blocks of Jeypore Estate also, but for some reason -- not clear from the papers filed before us, the apportionment of costs was not communicated in respect of the other blocks. An order to that effect was actually passed by the Additional Under Secretary, Shri B. Das. on the 27th April 1053 in his letter No. 1240-L R. S./VI-3/53 addressed to the Settlement Officer. Ganjam-Koraput, Berhampur which may also be quoted:

"Ref.:-- Your letter No. 260-K/VI-20-53 dated 24-1-53.
Sub.:-- Major survey and settlement operations Koraput Blocks, B, B-1, C and D-Costs-apportionment Govt. orders Under Section 180 (1) of the Madras Estates Land Act.
"I am directed to say that under Section 180 (1) of the Madras Estates Land Act 1908 Government have been pleased to order that the charges incurred up to and including 28th December 1952 for preparation of record of rights in the villages, of the blocks mentioned above of Jeypore Estate in the district of Koraput should be apportioned on a 50:50 basis between the landholder and the ryots, including the hill tribes and the holders of any land held on favourable terms, if such land is included in the record of rights. Other proposals contained in your letter cited above, have. been approved by Government.
"The principles for apportionment of costs of mam villages (mam estates) as approved for Ganlam district and communicated in Board's office letter No. 1723 L. R. S./IV-2/52 dated tha 15th September 1952 should also apply to the Inam villages (inam estates) of Koraput district."

This order is very clear to the effect that all settlement charges upto the 28th December 1952 in Jeypore estate in respect of all the remaining blocks should be apportioned between the proprietor and his tenants in the ratio of 50:50." As already pointed out the Estate vested in the Government °n the 29th December 1952.