EKADASIA PANDA Vs. LALU MAHANANDA AND OTHERS

JUDGEMENT

(1.) Filing this writ application, the petitioner has assailed the impugned orders, vide Annexures -4 & 5.

(2.) Short background involved in this case is that the petitioner has purchased the disputed property from his vendor, who had earlier purchased the property from the wife of late Dirju Dash being the sole owner of the property, family remaining issueless. When the petitioner was in enjoyment of the disputed property with absolute right, title and interest by virtue of the registered sale deed, O.Ps.1 to 6 filed Revenue Misc. Case No.19/89 before the Sub - Collector, Birmaharajpur under Section 23 of the O.L.R. Act alleging that they were the legal heirs of the original owner of the land and further, they being Scheduled Castes, there is no permission before transfer of the disputed land and the land should be resumed in their favour. The Revenue Misc. Case was heard and decided on contest between the parties and ultimately decided against the O.Ps.1 to 6 holding that neither the petitioners therein were the legal heirs of the original owner nor they belong to Scheduled Castes community to get protection of the provision under the O.L.R. Act. Challenging the dismissal of the Revenue Misc. Case, O.Ps.1 to 6 filed O.L.R. Appeal No.13/94 before the Additional District Magistrate, Sonepur and the said appeal was decided against the present petitioner reversing the order passed by the original authority following direction for restoration of the land in favour of the O.Ps.1 to 6. The appellate order being assailed by the present petitioner in the revision, the revision was finally decided, vide Annexure -5, dismissing at the instance of the present petitioners.

(3.) In spite of appearance of a set of counsel for O.Ps.1 to 6, none appeared at the time of hearing.