PATI DIGAL Vs. BANDU MALIK

JUDGEMENT

(1.) BUDRUKIA is a village in Balliguda Police -Station. Both petitioner (hereinafter referred to as the transferee) and opposite party No. 1 (hereinafter referred to as the transferor) belong to that village. Opposite party No. 1 is a members of the Scheduled Tribes being Khonda. Petitioner alleges to be a member of the Scheduled Castes which is not disputed in the counter -affidavit filed on behalf of opposite party No. 1.

(2.) THE Tribal and Rural Welfare Amin submitted a report to the Subdivisional Officer, Balliguda through the Tahasildar, Balliguda, wherein he intimated that on enquiry he could come to know that Hal Plot No. 698 measuring 196 decimals of village Budrukia belonging to Bandu Mallik (transferor) is in possession of Pati Digal (transferee) being transferred to him illegally by. way of mortgage for a consideration of Rs. 400/ - since 1957. In the report, the Amin submitted that the alleged transfer being one to which provision of Regulation 2 of 1956 is attracted, action should be taken. A certified copy of the report of the Amin has been filed in the writ application as Annexure -1.

(3.) SECTION 3(3) of Regulation 2 of 1956 give? a right of appeal. Transferee preferred an appeal against the order dated 31. 3.1977 of the Competent Authority. The said Appeal was heard by the Additional District Magistrate, Phulbani. He dismissed the appeal and confirmed the order dated 31. 3. 1977 of the Competent Authority.