LAWS(ORI)-2010-9-60

BIJAY KUMAR JALLY Vs. MEMBER, BOARD OF REVENUE

Decided On September 03, 2010
Bijay Kumar Jally Appellant
V/S
MEMBER, BOARD OF REVENUE Respondents

JUDGEMENT

(1.) Challenge has been made in this writ application to the order dated 17th July, 1993 passed by the Member, Board of Revenue, Orissa, Cuttack in OLR Revision Case No. 43 of 1991 in a reference under Section 59(2) of the Orissa Land Reforms Act, 1960 (hereinafter referred to as "the Act") setting aside the order dated 15.10.1991 passed by the Addl. District Magistrate, Puri in OLR Appeal Case No. 23 of 1984 and confirming the order dated 25.11.1983 passed by the Revenue Officer, Puri in OLR Misc. Case No. 5 of 1983.

(2.) The facts as narrated in the records are as follows:

(3.) Learned Counsel for the opposite parties submitted that the caste of 'Keuta' and 'Dhibara' have been included in the list of Scheduled Castes in the year 2002 so far as State of Orissa is concerned by virtue of amendment to the said list. In the case of Sebati Behera v. Subasi Nayak and Anr. reported in, 2006 2 OrissaLR 363, this Court considered the said amended provision and in view of the said decision, it is presumed that the amendment is prospective and it has no retrospective effect.