LAXMIDHAR MAHALIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) The challenging in this writ application is to the order dated 31-1-1991 passed by the Additional District Magistrate (LR), Balasore, in O.L.R. Appeal No. 13 of 1989 whereby the order dated 23-2-1988 passed by the Revenue Officer, Bhadrak, in O.L.R. Case No. 17 of 1988 under Section 23 of the Orissa Land Reforms Act, 1960 (in short, 'the Act') declaring the sale deed dated 18-2-1969 void and inoperative, was set aside.

(2.) The case of the petitioners, who are Harijans by caste, is that they being in urgent need of money, wanted to sell separate portions of lands to persons belonging to non-scheduled caste category. Accordingly, two separate applications - one by petitioners 1 and 2 (O.L.R. Case No. 254 of 1968) and the other by petitioner No. 3 (O.L.R. Case No. 260 of 1968) for permission under Section 22 of the Act were filed. Permission sought for was, however, rejected. But, according to the petitioners, on a misrepresentation being made that permission had in fact been granted, registered sale deed No. 1850 was executed in favour of the ancestors of opposite parties 4 to 12 on 18-2-1969. Subsequently, after long lapse of time, coming to know about the false representation made regarding grant of permission, they moved the Revenue Officer under Section 23 of the Act for setting aside the sale and restoration of possession. This was registered as O.L.R. Case No. 17 of 1988 of which notice was issued to the present opposite parties 4 to 12 who were also the opposite parties in the O.L.R. case. Before the Revenue Officer, no oral evidence was adduced by either party. Accordingly, relying on the application and reply thereto and the documents filed, the Revenue Officer came to the following conclusions:"The applicants (petitioners) were persons belonging to the scheduled caste category whereas the purchaser were not so. The sale deed in question had been executed by the petitioners in favour of the purchaser without any permission as required under Section 23 of the Act as the applications for permission (O.L.R. Case Nos. 254 and 260 of 1968) were rejected by the S.D.O., Bhadrak. "Accordingly, the sale deed executed on 18-2-1969 was declared invalid and the Tahsildar was directed to restore the case lands to the petitioners after evicting the opposite parties 4 to 12.

(3.) In an appeal filed by opposite parties 4 to 12 before the Additional District Magistrate (LR), Balasore, the appellate forum held that prior to the execution of the sale deed, the appellants had entered into possession on 18-8-1964 by virtue of an unregistered document executed between the husband of appellant No. 1 therein and the respondents (the present petitioners) and since then they have been in possession of the land in question. Though the appellate forum also came to the conclusion that the required permission of the competent authority had not been obtained prior to execution of the sale deed in 1969, considering the fact that the appellants had been in possession and that the lands had been mutated in their favour in Mutation Case No. 499 of 1982 and no objection was filed before the Tahsildar in those proceedings, came to the conclusion;(a) that there was an agreement between the sellers and the husband of appellant No. 1 for sale/transfer of the land:(b) that the purchaser has been in possession since the date of execution of the unregistered document in 1964;(c) that the contention of the sellers that they had no knowledge regarding rejection of their case for permission was not correct;(d) that in spite of knowledge that permission has not been granted, the sellers mentioned in the sale deed that the sale was with permission.Accordingly, the appeal was allowed on a finding that since the appellants were in possession of the land since 1964, they acquired the right and title by way of Adverse possession and that not the provisions of Section 23 but the provisions contained in Section 23-A of the Act were applicable to the case. This has brought the petitioners before this Court for relief.