BANAMALI SA Vs. STATE OF ODISHA AND ORS.

JUDGEMENT

(1.) Heard Learned Counsel for the Petitioners & Learned State Counsel-Perused the records Order Dated 3.5.2013 passed by the Sub-Registrar, Panposh-opposite arty No. 2 refusing to register the scale deed executed by the Petitioners in favor of Scheduled Caste persons on the ground that the Petitioners who are "Khandayat Bhuyan" by caste are coming under the Scheduled Tribe category, & therefore, the scale is prohibited under Regulation 2 of 1956 as amended in the year 2002, & also the Order Dated 21.5.2013 under Annexure-7 passed by the Additional District Magistrate-cum-District Registrar, Sundergarh in misc. appeal No. 3 of 2013 confirming the order passed by the Sub-Registrar have been challenged in this Writ Petition.

(2.) The Petitioners jointly executed a sale deed in favor of Manoj Kumar Behera & Rajkumar Behera, who are persons belonging to Scheduled Caste & presented the document for registration before Opp. Party No. 2 - Sub-Registrar. Admittedly, the caste of the Petitioners is "Khandayat Bhuyan". Opp. Party No. 2 by his impugned order under Annexure-5 refused to register the sale deed holding that the Petitioner is a sub-tribe of the tribe "Bhuyan" which is included in the Presidential Scheduled Tribes Order for the State of Orissa, & therefore, sale by Scheduled Tribe Order for the State of Orissa, & therefore, sale by Scheduled Tribe is scheduled area is prohibited under provisions of Regulation 2 of 1956 as amended in 2000, having effect from 2002. For holding as such he referred to the decision of this Court in OJC No. 13 of 1984 in which it was held that the name by which a Tribe or Sub-tribe, Caste or sub-caste is known is not decisive & that even if Tribe/caste of the person is Orissa includes only "Bhuiya" & "Bhuyan" as schedule tribes in the state of Orissa. It does not mention or include "Khandayat Bhuyan" as a scheduled tribe. Therefore, "Khandayat Bhuyan" cannot be treated to be scheduled tribe in the state of Orissa. The Petitioner has also obtained information under RTI from the Tahasildar, Lephripara bearing No. 612 dated 4.5.2010 at Annexure-8 series, in which the P.I.O., Lephripada Tahasil stated that "Khandayat bhuyan" is not included in the list of scheduled tribe for the State of Orissa.

(3.) In the aforesaid view of the matter the impugned orders passed by the Sub-Registrar as well as Additional District Magistrate under Annexures-5 & 7 respectively, are unsustainable in law. Accordingly the said orders are quashed & the Writ Petition is allowed. The Sub-Registrar Opp. Party No. 2 is directed to register the sale deed executed by the Petitioner, if there is no impediments.