REVENUE OFFICER Vs. PRAFULLAKUMARPATI

JUDGEMENT

(1.) - Special leave granted. Arguments heard.

(2.) These two appeals on special leave arise out of the common judgment of the High Court of Orissa made in O.J.C Nos. 1007 and 1008 of 1983 decided on July 4, 1986 : (reported in (1986) 2 Orissa LR 130) whereby the High Court set aside and quashed the impugned orders made by the Special Officer, Land Reforms, Central Division, Cuttack in O.L.R. Revision No. 131 of 1982 as well as OLR. No. 142 of 1982.

(3.) The matrix of the case in O.J.C. No. 1007 of 1983 is that on July 30, 1977, the respondent No. 2, Paramanand Sethi filed case No. 85 of 1977 under Section 22 of the Orissa Land Reforms Act, against S/Shri B. Mohapatra, Prafulla Kumar Pati and Gadadhar Pati (Respondents nos. 1, 3 and 4) for restoration of lands sold to respondents Nos. 1, 3 and 4, on the ground that respondent No. 2 was a member of the Scheduled Caste (Dhoba Community) and the sales in question were hit by the provisions contained in Section 22 of the Orissa Land Reforms Act, 1960. The respondent No. 2 filed a caste certificate of the Additional Tehasildar, Betanoti wherein the respondent No. 2 was shown as belonging to 'Dhoba' by caste which is recognised as a Scheduled Caste. He also filed the record of rights in the name of Arjun Sethi, father of respondent No. 2 which showed the caste of Arjun Sethi as 'Dhoba'