JAI SINGH Vs. S D O PANPOSH UDITNAGAR

JUDGEMENT

(1.) AN application was filed by opposite party Nos. 4 to 6 under clause 3(2) of the Orissa Scheduled Areas Transfer of Immovable Property (by Scheduled Tribes) Regulation, 1956 (Orissa Regulation No 2 of 1956) (hereinafter to be referred to as the Regulation) for eviction of the petitioner from the disputed land. Their case was that they were co-sharers in respect of this land with Chammar and Saha (not parties to the writ application) and to their knowledge no transfer was effected of this land in favour of the petitioner. AN objection was filed by the petitioner to the effect that he had taken a licence of the land from Chamar who is a co-sharer of Saha and opposite party Nos. 4 to 6. The S. D. O. who is the competent authority passed an order of eviction. The petitioner went in appeal, but the same was dismissed. Against the appellate order, this writ has been filed under Articles 226 and 227 of the Constitution.

(2.) MR. Das for the petitioner raises the following contentions : (1) The Opposite Party Nos. 4 to 6 not having made out a case that there was a transfer in favour of the petitioner within the meaning of that expression in clause 2(f) of the Regulation, the entertainment of the application for eviction by the competent authority was without jurisdiction; (2) the licence taken by the petitioner does not come within the meaning of the expression "transfer" under clause 2 (f); and (3) even if possession is restored under clause 3(2), it must be restored to the transferor or his heirs as prescribed therein.