SAILENDRA BARIK Vs. ADDL DISTRICT MAGISTRATE

JUDGEMENT

(1.) IN a proceeding under the Orissa Scheduled Areas Transfer of Immovable Property (By Scheduled Tribes) Regulation, 1956, commonly known as Regulation 2 of 1956, sale in favour of petitioners father Kunja Barik by opp. party No. 3's father Surendra Naik was held to be void in the absence of requisite permission from the competent authorities. Conclusions of Revenue Officer, Bamanghaty (opp. party No. 2) were affirmed in appeal by Addl. District Magistrate, Mayurbhanj (opp. party No. 1). Motion for such declaration was made by Shyama Charan Naik (opp. party No. 3).

(2.) THE proceeding has a chequered career. A few dates are relevant for adjudging whether conclusions are correct. The sale deed was executed on 20 -6 -1972 and proceeding for restoration was initiated on 8 -11 -1977 by opp. party No. 3. The Revenue Officer accepted the plea of Shyama that transaction was void. His order was assailed in appeal. The appellate authority set aside the order with a direction to examine impartial witnesses. On consideration the Revenue Officer again reiterated his conclusion that transaction was void. The matter was again carried in appeal, and the appellate authority remanded the matter because prior to passing of the order by the Revenue Officer, Kunja had expired. Witnesses were examined by both sides before the Revenue Officer. According to petitioners, original vendor was not a member of Scheduled Tribe as claimed, while claimant's witnesses stated that he belongs to Scheduled Tribe. Several documents were pressed into service by parties. While objector Shyama Charan Naik placed reliance on a caste certificate issued by the authorities, his school admission register which reflected that at the time of his admission to the school in 1963, he was recorded to be a member of Scheduled Tribe. Record -of -rights of Hal and Sabik settlements were also relied upon. Present petitioners in addition to oral evidence, placed reliance in several sale deeds where executor i.e. Surendra described himself as a member of 'Khandual' caste. It needs to be mentioned here that the said caste is not one which is relatable to Scheduled Tribe. The authorities considered documents produced by the objector to be of greater evidentiary value. It was noticed that in the Sabik and Hal settlements caste of Surendra was described as Bhuyan which is undisputedly relatable to Scheduled Tribe as described in the Scheduled Tribe Order 1950 as amended by modification Order, 1956 and Scheduled Tribe (Amendment) Act, 1976. Fresh order with which we are concerned was passed on 12 -7 -1985. where again it was held that transaction was void. Appellate authority confirmed the conclusion.

(3.) WHAT inference can be drawn from a particular set -up of facts is a matter for a fact finding authority. Unless conclusions drawn are based on no evidence or are patently perverse, unreasonable or absurd which no reasonable man can arrive at they should not normally be interfered with by the Court while exercising jurisdiction under Articles 226 and 227 of the Constitution of India. A finding of fact cannot be interfered with unless some vital piece of evidence which would tilt the balance in favour of the aggrieved person, has been overlooked, disregarded or wrongly discarded. If the finding of fact is based and built on inadmissible evidence, which evidence, if excluded from vision, would substantially discredit or impair the conclusion, or negate it, or is based on no evidence. If a finding of fact is recorded without discussion of the evidence, the conclusion is vitiated.'We must know what a decision means before the duty becomes ours to say whether it is right or wrong.' If there are no findings, in Lord Summer's famous phrase, the record speaks only with the 'inscrutable face of a sphinx'.The silence of the records renders it pragmatically impossible for the Court to perform its function of adjudicating the correctness of the conclusion. Keeping in view the aforesaid aspects it Is to be seen whether the conclusions can be sustained or not.