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TMI Blog1963 (11) TMI 82X X X X Extracts X X X X X X X X Extracts X X X X ..... No. XXV of 1802. The Zamindaris thus permanently settled on them have been acquired by the respective Governments of the two States under the provisions of the Estate Abolition Act. Adjacent west of Ganjam plaints lie hilly tracts which are inhabited by aboriginals. These tracts are known as Agency tracts; portions of these tracts were granted to the Zamindars by various Sanads issued by the Governor-in-Council of Fort S. George, Madras, sometime in 1874 and 1875. The areas thus granted by the Sanads were known as Maliahs and the Zamindars to whom the said areas were granted were described as Muthdars of their respective Maliahs. It appears that on Mach 30, 1954, the appellant informed the six respective Muthadars by notices duly served on them that their 'Muthas' would be resumed with effect from that date. The petitioners' contention before the High Court was that they had proprietary interest in the areas granted to them and the appellant had no. right to resume the lands thus granted to them and was not entitled to recover possession from them. It was pleaded in the petitions by the ex-Zamindas that the notices served on them had intimated to them that the appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the High Court proceeded to examine the narrow question as to whether the ex-Zamindars should be maintained in their possession of the Maliahs until eviction in due course of law, or whether they should be driven to the civil court to establish their right after Government has successfully evicted them by use of force or show of force. In dealing with the petitions on this narrow ground the High Court recognised that the existence of a right is the very foundation of the exercise of its jurisdiction under Art. 226 and it thought that possession of the lands for more than 80 years with the ex-Zamindars afforded evidence of a right which could sustain their petitions under Art. 226. It was urged before the High Court that S. 9 of the Specific Relief Act which affords a speedy and summary remedy to a person in possession who has been dispossessed is not applicable where dispossession of a person in possession is caused by the Central Government or any State Government, for that is the effect of the clear provision in that behalf under S. 9 itself. The High Court, however, was inclined to take the view that the right to recover possession vesting in a person who had been in possession ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7. At the hearing of the said two appeals on November 18, 1963, Mr. Tatachari for the respondents in the two present appeals stated to the Court that on 16-11-63, the respondent in C. A. No. 294 of 1959 had filed a suit No. 86 of 1963 against the appellant in a civil court of competent jurisdiction, and he also added that negotiations were in progress for the settlement of C. A. No. 293 of 1959. On these grounds, Mr. Tatachari wanted that the hearing of the two appeals should be further adjourned. We have rejected Mr. Tatachari's request for adjournment because we are satisfied that no. useful purpose would be served by granting the respondents any further time. The conduct of the respondents after time was given to them under the consent order delivered by this Court on October 10, 1962 does not justify the present request for further adjournment. That is why we proceeded to hear the appeals on the merits. 8. On the merits, the position is absolutely clear. Under Art. 226 of the Constitution, the jurisdiction of the High Court is undoubtedly very wide. Appropriate writs can be issued by the High Court under the said article even for purposes other than the enforcement o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of the grantees till three months from the date of the order, or one week after the institution of the grantees' contemplated suit, whichever is earlier. On the happening of the event there contemplated, the orders were to cease to be operative. In dealing with the validity of these orders, this Court observed that it was outside the jurisdiction of the High Court under Art. 226 to issue a writ solely for the purpose of granting an interim relief to the party who moved the High Court under Art. 226. It is in that connection that this Court observed that an interim relief can be granted only in aid of and as auxiliary to the main relief which may be available to the party on final determination of his rights in a suit or proceedings under Art. , 226. It would thus be noticed that when the Orissa High Court purported to issue a writ under Art. 226 in favour of the grantees of the mining leases issued in their favour by the Ruler of Keonjhar and gave them adequate relief by issuing a writ without deciding the question of title, this Court corrected the error and set aside the High Court's orders. In our opinion, what the High Court has done in the present cases is substantia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ious. Mere possession of the property for however long a period it may be, will not clothe the possessor with any legal right if it is shown that the possession is under a grant from the State which is resumable. Such long possession may give him a legal right to protect his possession against third parties, but as between the State and the grantee, possession of the grantee under a resumable grant cannot be said to confer any right on the grantee which would justify a claim for a writ under Art. 226 where the grant has been resumed. In dealing with this argument, we have assumed without deciding that though a suit under S. 9 of the Specific relief Act would have been incompetent against the appellant, a similar relief can be claimed by the respondents against the appellant under Art. 226. Even on that assumption, no. right can be claimed by the respondents merely on the ground of their possession, unless their right to remain in possession is established against the appellant, and this can be done if the grant is held to be not resumable. 13. In support of his argument, Mr. Tatachari has referred us to three decisions in which appropriate relief was granted to the party in poss ..... 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