LAWS(ORI)-2012-3-61

BANAMALI MALLICK Vs. SUB-COLLECTOR, KEONJHAR

Decided On March 07, 2012
Banamali Mallick Appellant
V/S
Sub -Collector, Keonjhar Respondents

JUDGEMENT

(1.) BOTH the writ petitions having involved common questions were heard together and are being disposed of by this common order.

(2.) THE petitioners, in both the writ petitions, has challenged the impugned orders passed by the Sub -Collector, Keonjhar and Addl. District Magistrate (Revenue), Keonjhar, opposite parties 1 and 2 respectively cancelling alienation of the land measuring Ac.0.30 decimals of land appertaining to Plot No.717 under Khata No.21 of Mouza -Gambharia in the district of Keonjhar and issuing warrant of restoration for execution of order.

(3.) LEARNED counsel appearing for the petitioner submitted that in the State of Bihar, "Pana" and "Swasi" Castes are called as "Tanti" and those castes are enlisted in the categories of Scheduled Caste as per the amended Notification of 1956 relating to the State of Bihar. Since the petitioner belongs to the caste "Tanti" which is a Scheduled Caste in the State of Bihar and the same caste is also declared as Scheduled Caste in the State of Orissa and he is residing in Orissa, he is entitled to get all the benefits as provided to the category of Scheduled Caste in the State of Orissa and the impugned orders passed by opposite parties 1 and 2 are liable to be set aside.