JUDGMENT : G.B. Patnaik. J. 1. Common question of law being involved in these writ applications they were heard together and are being disposed of by a common judgment. The orders of the authorities under the provisions of the Orissa Bhoodan Yagna Act (hereinafter referred to as the" Act") directing the Petitioners to vacate the lands they have purchased in favour of the Bhoodan Yagna Samiti (hereinafter called the "Samiti") are under challenge. The original order of the Tahsildar is annexed as Annexure-6 and the appellate order of the Sub-Divisional Officer confirming the order of the Tahsildar has been annexed as Annexure-7 in each of the writ applications. 2. The short facts of the case are that the Samiti made allegations that though the lands in question bad been donated to the Samiti by the owners thereof, yet later on the Petitioners purchased the same from the original owners, thereby violating the provisions of the Act and the Rules framed thereunder. According to the Samiti the lands in question were donated to the Samiti by a declaration in writing and such a declaration was filed before the Revenue Officer in accordance with the Act. The Revenue Officer published the said declaration calling for objection. No objection having been received, the. Revenue Officer confirmed the declaration. On such confirmation, the lands stood vested in the Samiti and, therefore, the so-called purchase by each of the Petitioners later on does not counter any right on the Petitioners. On receipt of the allegation from the Samiti, the Petitioners Were duly notified and objections were filed on behalf of the Petitioners. The main objections of the Petitioners are that the provision of Section 8-B of the Act have not been complied with and due notices as contemplated under Rule 8(3)(a) and 8(3)(b) inviting objections ham the public had not been issued, It was their further objection that the confirmation in question though required to be notified in the Gazette, yet the same had not been notified in the official Gazette and, therefore, there has been no extinguishment of title of the owner under the Act. It was also the stand of the Petitioners that they have perfected their title for being in possession for more than twelve years. All these objections having been overruled by the Tahsildar and the order of the Tahsildar having been confirmed in appeal the Petitioners have approached this Court. It was also the stand of the Petitioners that they have perfected their title for being in possession for more than twelve years. All these objections having been overruled by the Tahsildar and the order of the Tahsildar having been confirmed in appeal the Petitioners have approached this Court. 3. Mr. Murty, the learned Counsel for the Petitioners, raises two contentions in assailing the orders of the forums below: ( i) The right, title and interest of the owner in any land donated to the Samiti under the Act would stand transferred and vest in the Samiti from the date of notification under Sub-section (4) of Section 10 of the Act. There being no prescribed manner of making a notification under Sub-section (4) the expression "notification" shall have the same meaning as defined in Section 2(28) of the Orissa General Clauses Act, that is to say, it must be a notification in the Gazette. A admittedly there being no notification in the Gazette there has been no vesting of title in the Samiti and, therefore, the Petitioners purchase cannot be said to be contrary to the provisions of the Act of the Rules framed thereunder and (ii) The Petitioners being in possession for more than twelve years before Orissa Act 2 of 1971 came into force, the forums below committed an error by holding that the provisions of the new Act would apply and the Petitioners must be required to be in possession for thirty years so a' to acquire title by adverse possession. The learned Additional Government Advocate appearing for the opposite parties, on the other hand, contends that it is not the requirement of law that the declaration as confirmed by the Tahsildar should be notified in the Official Gazette and, therefore, the notification made on 7-3-1962 by the Tahsildar vests title in the Samiti. Admittedly, the Petitioners purchase being later than the said date, they did not acquire any right, title and interest. So far as the question of adverse possession is concerned, the learned Counsel contends that there has been no finding that the Petitioners did possess the lands for a period of twelve years though the learned Counsel fairly states that the provisions contained in the 1971 Act will have no application if by the time the Act came into force the Petitioners are found to be in possession for more than twelve years. 4. 4. In order to appreciate the correctness of the rival submission, it would be necessary to notice the relevant provisions of the Act and the Rules made thereunder. In order to facilitate donation of lands in connection with the Bhoodan Yagna initiated by Shri Vinoba Bhave and to provide for distribution of such lands to the landless persons, the Orissa Legislature enacted the Orissa Bhoodan Yagna Act, 1958 (Orissa Act 16 of 1953). Section 3 of the Act deals with establishment of a "Bhoodan Yagna Samiti for Orissa." Section 8 of the Act deals with donation of land to Bhoodan Yagna and competency of donor. The said provision is extracted hereunder : (1) Notwithstanding anything contained in any law for the time being in force, any persons being the owner of land shall by competent to donate and grant such land or any part thereof to the "Bhoodan Yagna Samiti" by a declaration in writing in that behalf (hereinafter called the Bhoodan declaration) in the manner prescribed. (2) The Bhoodan declaration shall be filed with the Revenue Officer appointed under this Act." Section 9 of the Act deals with publication of the declaration and the same is extracted hereunder: Upon receipt of the Bhoodan declaration the Revenue Officer shall publish the same calling for objections. Section 10 deals with filing" hearing and disposal of objections and the said provision is extracted hereunder: If (1) Any person whose interests are affected by the Bhoodan declaration made u/s 8 may, within thirty days of the publication of the declaration, file objections, on the same before the Revenue Officer. (2) If within the said period no objections are received the Revenue Officer shall make a summary enquiry as to the right, title and interest of the donor and may subject to the provisions of Section 12 either confirm or supersede the declaration. (3) The Revenue Officer shall register all objections, if any, received in pursuance of Sub-section (1) and shall fix a date of hearing of which notice shall be given to the declarant and the objector. (4) 00 the date of bearing or any other date to which it may be postponed, the Revenue Officer shall proceed to investigate and dispose of the objection and shall subject to the provisions of Section 12 (a) either confirm the Bhoodan declaration, by notification, or (b) supersede the same. (4) 00 the date of bearing or any other date to which it may be postponed, the Revenue Officer shall proceed to investigate and dispose of the objection and shall subject to the provisions of Section 12 (a) either confirm the Bhoodan declaration, by notification, or (b) supersede the same. (5) It the Revenue Officer confirms the Bhoodan declaration then, notwithstanding anything contained in any law for the time being in force, but subject to the provisions of Section 14, all the rights title and interest of the owner in such land shall stand transferred and vest in the Samiti from the date of the notification under Sub-section (4). (6) Where the Bhoodan declaration is superseded by the Revenue Officer the donation shall stand cancelled and the owner shall be deemed to continue to have all is rights, interests and title in such land as if no such donation was made." Section 18 is the rule-making power of the State Government. In exercise of the said power, the, Orissa Bhoodan Yagna Rules. 1954 (hereinafter referred to as the "Rules") were framed. Rule-S deals with publication of declaration, filing, hearing and disposal of objections. The said Rule is extended hereunder: 8. Publication of declaration Filing, hearing and disposal of objections: (1) Each Revenue Officer shall maintain a register for making the entries provided for in Sub-rule (2) in the form in Appendix-IV-A. The entries in this register shall be with reference to the following classes of 'land for which separate sets of pages with sufficient number of blank pages to admit fresh entries, shall be allotted, namely; (1) cultivated land. (2) waste land, (3) cultivable waste land, and (4) forest land. Upon receipt of the Bhoodan declaration the Revenue Officer concerned shall register it in the register maintained for this purpose in the manner prescribed in Sub-rule (1). (3) The Revenue Officer shall on receipt of the Bhoodan declaration publish it in the following manner ; (a) A notice containing the particulars shown in the declaration shall be issued in the form in Appendix- v. and copies thereof shall be served free of charge on all persons jointly recorded in respect of the land except the persons whose behalf the declaration has been tiled. (b) A copy of the declaration shall be affixed on a conspicuous place in the village in while the land is situate. (b) A copy of the declaration shall be affixed on a conspicuous place in the village in while the land is situate. (4) The service of the notice shall be affected either by registered post, acknowledgment due, or by revenue peons or by both means "according to the discretion of the Revenue Officer." Rule 9 deals with the manner of entertaining objections to the Bhoodari declaration and their disposal. The said Rule is extracted hereunder in extenso: 9. Objections u/s 10 and their disposal ; (1) The objections under Sub-section (1) of Section 10 of the Act shall be in writing and shall be tiled by the parties personally or through their agents before the Revenue Officer. The objection petitions shall be exempted from stamp duties. (2) In making summary enquiry under Sub-section (2) of Section 10 of the Act the Revenue Officer shall ascertain whether (a) the donor making the declaration has prima facie a right, title or Interest in the land specified in the declaration, (b) the donor is legally competent to make the donation, and (c) the land is vacant: Provided that in those cases when the land donated is subject to a subordinate tenure or is in the occupation of any other person it shall be deemed to be vacant if the subordinate tenure holder or the person in occupation agrees in writing to the donation of the land and is prepared to vacate in favour of the grantee or the Samiti: Provided further that if the person in actual possession is not prepared to vacate the land in favour of the grantee or the Samiti the donation may be accepted subject to the right of the subordinate tenure or occupier. (3) The Revenue Officer shall before hearing the objections filed u/s 10 of toe Act give a notice to the declarant and the objector free of charge, in the form in Appendix-VI and send copy thereof to the Grama Pancbayat if any: Rule-13 deals with manner of distribution of lands amongst landless by the Samiti. The said Rule is extracted hereunder ill extenso: 13 Manner of distribution of lands amongst the landless by the Samiti: (1) Landless persons in relation to the extent of land shall include persons as may be notified by Government from time to time for different areas for the purposes of the Act. The said Rule is extracted hereunder ill extenso: 13 Manner of distribution of lands amongst the landless by the Samiti: (1) Landless persons in relation to the extent of land shall include persons as may be notified by Government from time to time for different areas for the purposes of the Act. (2) Lands vested in the Samiti may be granted to such landless persons and' to such extent as the Samiti may, in view of all the circumstances of the locality and after consultation with the Grama Panchayat, if any, failing which with the inhabitants of the locality consider fit and proper. (3) The Samiti or such other authority or person as may have been specified by the Samiti u/s 15 of the Act shall execute a donation deed in the form in Appendix-IX. A register of lands donated shall also be maintained by the Samiti in the form in Appendix- VIII. The Act in question was amended by Orissa Act 29 of 1956. By virtue of Section 6 of the Orissa Bhoodan Yagna (Amendment) Act, 1956 (Orissa Act 29 of 1956), Sections 8-A and 8-B were added to the principal Act. The said provisions are extracted hereunder in extenso: 8-A. The Samiti or such other authority or person as the Samiti may specify either generally or in respect of any area after such enquiry as it may deem necessary, may distribute lands which have been donated to the Samiti to the landless persons individually or jointly or to the village community or for any community purpose: Provided that lands shall be granted to the village community only in cases where all the agricultural lands situated within a village have been donated to the Samiti. 8-B. As soon as such distribution is made u/s 8-A the Samiti or any person authorised by the Samiti in this behalf shall present the Bhoodan declaration along with a list showing the names and addresses of the person or persons to whom or the prescribed particulars of the village community or the community purpose for which, the land has been distributed in each case before the Revenue Officers. Section 10 of the Principal Act was also amended and by virtue of Section 7 of the Amendment Act, the existing Sub-section (5) of Section 10 of the principal Act was renumbered as Clause (a) thereof and a new Clause (b) was inserted. Section 10 of the Principal Act was also amended and by virtue of Section 7 of the Amendment Act, the existing Sub-section (5) of Section 10 of the principal Act was renumbered as Clause (a) thereof and a new Clause (b) was inserted. The said new clause is extracted hereunder: (b) Where such land as has been donated has been distributed by the Samiti in the manner laid down u/s 8-A and the declaration has been confirmed under the provisions of this section, the said land shall be deemed to have been granted to the person or persons or the village community or for the community purpose as the case may be with effect from the date of such distribution. Section 15 of the principal Act was substituted by virtue of Section 9 of the Amendment Act. The said provision is quoted hereunder in extenso: 15. Any person or persons to whom or the village community to which land has been granted under the provisions of this Act, shall acquire therein such rights and liabilities and:subject to such conditions restrictions and limitations ashier provided for by or under this Act and the same shall have effect any law to the contrary notwithstanding. The Act was further amended by Orissa Act 3 of 1962. By virtue of Section 4 of the Orissa Bhoodan Yagna (Amendment) Act. 1961 (Orissa Act 3 of 1962), Sub-section (5) of Section 10 of 'the Act was substituted and the substituted provision is quoted hereinbelow in extenso: (5) Notwithstanding any other law to the contrary, but subject to the provisions of this Act the grant of lands in pursuance of the distribution list u/s 8-B shall to the extent the declaration is confirmed under this section, be deemed to take effect from the date of such distribution and with effect from the said date, all right title or interest of the owner or such lands to the extent aforesaid shall stand extinguished. The Statement of Objects and Reasons for introducing the amendment in Orissa Act 3 of 1962 was to simplify the procedure in respect of making donations to the Samiti and the subsequent distribution thereof by providing for transfer of the lands to the grantees direct without the same becoming vested in the Samiti. The Statement of Objects and Reasons for introducing the amendment in Orissa Act 3 of 1962 was to simplify the procedure in respect of making donations to the Samiti and the subsequent distribution thereof by providing for transfer of the lands to the grantees direct without the same becoming vested in the Samiti. In view of Sub-section (5) of Section 10 as inserted by the amended provision the distribution list prepared u/s 8-B. subject to the extent of said declaration being confirmed takes effect from the date of such distribution and with effect from the said date the right, title or interest of the owner stands extinguished by operation of law. Therefore, the rights stand extinguished on the date of distribution u/s 8-B for which no notification in the Gazette is required. Since in the present case, lands have been distributed and the declaration of the Samiti has been confirmed, the right of the owner stood extinguished on the date of distribution. We therefore, do not find any substance in the contention of Mr. Murty, the learned Counsel for the Petitioners, that there being no notification in the Gazette, there has been no extinguishment of the title of the owner on the date the Petitioners purchased the lands from the owners. The first contention of Mr. Murty. the learned Counsel for the Petitioners, must accordingly be rejected. 5. So far as the second submission of Mr. Murty is concerned we, however, find sufficient force in the same. If the Petitioners are found to be in possession for more than twelve years when the Orissa Bhoodan and Gramdan Act (for short, the "later Act") came into force then that possession cannot be taken away by the extended period of limitation provided for in the later Act. Section 26-B of the later Act (Orissa Act 2 of 1971) authorises the competent authority to evict an unauthorised occupant on an application being filed by the Samiti or the person to whom the land has been granted by the Samiti it the same is made within thirty years from the date when such occupation comes to the knowledge of the applicant. In the present case, the Tahsildar as well as the Sub-Divisional Officer in appeal has come to the conclusion that the extended period of thirty years as provided in the later Act would apply and accordingly no adjudication or 'conclusion' has been made of arrived at as to whether the Petitioners' case of perfection of title by adverse possession is established or not. In the original Act of 1953, as well as in the amendment of the same by Orissa Act 29 of 1956 and the further amendment made by Orissa Act 3 of 1962 there was no provision corresponding to Section 26-B of Orissa Bhoodan and Gramdan Act, 1970 (2 of 1971) and therefore, common-law provisions would apply. Consequently if an unauthorised occupant would be able to establish his perfection of title by adverse possession under the common-law by the time when the Orissa Bhoodan and Gramdan Act. 1910 came into force then the said right cannot be taken away by taking recourse to the provisions of the extended period of limitation under the new Act. The learned Additional Government Advocate appearing for the opposite parties fairly accepts the aforesaid analysis of law. On examining the judgment of the Tahsildar as well, as of the Sub-Divisional Officer, we find that this aspect at the case has not at all been considered and on the other hand they have proceeded on the assumption that the later Act would govern. The conclusion of the Sub-Divisional Officer as well as the Tahsildar being based on an erroneous application of the provisions of Section 26-B of the Orissa Bhoodan and' Gramdan Act, 1970 (Orissa Act 2 of 1971) must be set aside and we would accordingly set aside the same. As a necessary consequence, the case will now be remitted back to the Tahsildar for reconsideration of the matter in the light of the law laid down by us earlier after giving an opportunity of hearing to the parties concerned. Annexures-6 and 7 in each of the writ applications are accordingly quashed and the records of each of the cases would now be remitted back to the Tahsildar for re-disposal in accordance with law. The writ applications are accordingly allowed to the extent indicated above, but there would be no order as to costs. V. Gopalaswamy, J. 6. I agree. 7. Writ application allowed accordingly. Final Result : Allowed