MAHESWAR BARIK Vs. MAHESWAR NAIK

JUDGEMENT

(1.) Orders passed by the original and appellate authorities, viz. the Tahasildar, Ghatagaon and Sub-Collector, Keonjhar respectively vide Annexures-5 and 10, directing for restoration of the disputed land in favour of opposite party no.1, Maheswar Naik have been assailed in this writ application.

(2.) Opposite party no.1 filed application purportedly under section 23 of the OLR Act for eviction of Maheswar Barik,- writ petitioner(since dead) from the case land and restoration of the same in his favour, on the ground that he is a Scheduled Tribe person and the land has been recorded in his name, and, that the writ petitioner, a non-Scheduled Tribe person has been in unauthorised possession of the land. The application was registered as Case No.1 of 1993 in the court of Tahasildar, Ghatagaon, District- Keonjhar since District- Keonjhar is a Scheduled Area and the Orissa Scheduled Areas Transfer of Moveable Properties (by Scheduled Tribes) Regulation 1956 (in short "Regulation-2 of 1956) came into force in the Sub-Division of Keonjhar w.e.f. 12.6.1979, the proceeding was treated to be one under Regulation-3 of the Regulation-2 of 1956. The writ petitioner appeared before the Tahasildar, and contended that the father and uncle of opposite party no.1 were the original owners and they sold the case land in favour of the petitioner orally for a consideration of Rs.95/- about 53 years back i.e. in 1940 and since then, the petitioner has been continuing in possession and has constructed a house there, where he is staying.

(3.) It transpires that during the Hal settlement operation the land in question has been recorded in the name of the father opposite party No.1 and his co-sharers with note of possession in favour of the petitioner. Opposite party no.1 himself has admitted before the Tahasildar, that the petitioner is in possession of the case land since 10 to 12 years.