NORO KANDALIA Vs. SUTI DIGAPURIA AND ORS.

JUDGEMENT

(1.) THIS is an application for a writ of certiorari directed against the appellate order of the Additional District Magistrate of Korapupt upholding an order of ejectment passed under Orissa Regulation 2 of 1956 (hereinafter, referred to as the "Regulation") by the competent authority.

(2.) OPPOSITE party No. 1 made an application under Section 3 of the Regulation on the allegation that lands measuring 2, 42 acres in plot numbers 105 and 106 in village Under had been mortgaged by him and another in favour of opposite party No. 2 Madhab Dandasena for a sum of Rs. 900/ - without the requisite permission envisaged under the Regulation. Therefore a prayer was made for restoration of possession thereof.

(3.) THE writ application is allowed and the impugned orders are quashed. The Petitioner must have his costs. Hearing fee is assessed at rupees one hundred to be recovered from opposite parties 3 and 4 only.