DINABANDHU EKKA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This Intra Court appeal has been filed assailing the order dated 14.08.2019 passed by learned Single Judge in W.P.(C) No.16365 of 2018,whereby, he dismissed the writ petition and confirmed the orders passed by the authorities under the Orissa Scheduled Areas Transfer of Immovable Property (By Scheduled Tribes) Regulations, 1956 (for short, "the Regulations").

(2.) Mr. Sidharth Mishra, learned counsel for the appellants narrating backdrop of the case necessary for proper adjudication of the appeal submitted that the dispute revolves around a piece of land pertaining to Sabik Plot No.482 measuring Ac.0.36 decimals and Plot No.480 measuring Ac. 1.45 decimals under Sabik Khata No.37 of mouza-Durgapur P.S. Uditnagar in the district of Sundargarh (for short, 'the case land').

(3.) The case land originally stood recorded in the name of one Gudru Oram, the ancestor of the appellants, who belong to Scheduled Tribe Community. Said Gudru Oram died leaving behind two sons, namely, Bandhu and Gosein. Gosein died issueless. Bandhu died leaving behind four sons, namely, Bisu, Tunia, Godro and Chama. Tunia died leaving behind his widow, Dulia. All of them filed an application before the S.D.O., Panposh to accord permission to sell Ac.0.36 decimals from Plot No.482 in favour of one Sachidananda Pattnaik and another Ac. 1.45 decimal from Plot No.480 in favour of Sreelal Agarwal and others. The said petition was registered as Revenue Misc. Case No.240 of 1962-63. By order dated 03.11.1963, the S.D.O., Panposh accorded permission for such alienation. Thereafter, an Ac. 1.00 decimal was alienated in favour of Sreelal Agarwal by virtue of Registered Sale Deed No. 29.7/1964. The rest Ac.0.45 decimal was alienated in favour of Iswardas Agarwal, the father of respondent Nos.8 to 10 and Dwarika Prasad Agarwal, the father of the respondent Nos. 11 and 12 by virtue of RSD No. 298 of 1964.