BHOLANATH PATEL Vs. ADDL. DISTT. MAGISTRATE & ORS.

JUDGEMENT

(1.) This is an application under Art. 226 of the Constitution of India.

(2.) Petitioner was reported to be in possession of 17 decimals of land of Labani Dharua mother of opposite party No. 2 in Plot No. 587 in Khata No. 154 of village Patuadhi within Lephripade Police station in the district of Sundargarh. Initiating a proceeding under Regulation 2 of 1956, notice was issued to the petitioner. In reply, petitioner submitted that he is in possession of 35 decimals of land including the disputed land purchased orally for a consideration of Rs. 457.00 in the year 1954 which has been ratified by the vendor in 1974.

(3.) Competent authority having dropped the proceeding on account of the fact that the transfer was prior to the coming into force of Regulation 2 of 1956, opposite party No. 2 preferred an appeal where it was held that the transfer comes within the mischief of Sec. 3 of Regulation 2 of 1956 and petitioner is to restore possession of the land to opposite party No. 2. This appellate order has been challenged in this writ application.