NRUSINGHA @ NARASINGHA PANDA Vs. NATH PALKA & OTHERS

JUDGEMENT

(1.) This writ application challenges the order dated 11.3.1999 passed by the Collector, Rayagada, opposite party no.3, in OSATIP Review Case No.115 of 1998 whereby and whereunder opposite party no.3 set aside the order dated 27.4.1994 of the competent authority passed in OSATIP Case No.41 of 1994 granting permission in favour of the opposite party no.1 to alienate the land as null and void and directed the Sub-Collector, Gunupur to restore the case land in favour of the opposite party no.1.

(2.) Shorn of unnecessary details, the short facts of the case are that the land measuring an area of Ac.1.00 dec. appertaining to Khata No.4/9, Plot No.4/105 of Mouza-Badapendrakhal originally belongs to opposite party no.1 along with others. Opposite party no.1 belongs to Scheduled Tribe community. To press his legal necessity, he intended to sale the land to the petitioner and applied to the competent authority under the Orissa Scheduled Areas Transfer of Immovable Property (By Scheduled Tribes) Regulations, 1956 (Regulation 2 of 1956), which was registered as OSATIP Case No.41 of 1994. The competent authority accorded permission. Thereafter, opposite party no.1 transferred the land to the petitioner by means of registered sale deed dated 27.4.1994. After sale, the petitioner mutated the land in his favour. He used to pay rent to the Government. While the matter stood thus, the Collector, Rayagada, opposite party no.3, initiated review case bearing OSATIP Review Case No.115 of 1998 under Section 3A(1) of Regulation 2 of 1956. By order dated 11.3.1999, opposite party no.3 set aside the order dated 27.4.1994 of the competent authority passed in OSATIP Case No.41 of 1994 granting permission in favour of the opposite party no.1 to alienate the land and directed the Sub-Collector, Gunupur to restore the case land in favour of the opposite party no.1. With this factual scenario, this writ application has been filed.

(3.) Heard Mr. Budhiram Das, learned counsel for the petitioner and Mr. B.P. Tripathy, learned Addl. Government Advocate for the State. None appears for the opposite party no.1.