BHAGABATIA PANDA Vs. COLLECTOR, JHARSUGUDA & ANOTHER

JUDGEMENT

(1.) The petitioner has filed this petition challenging the judgment of the Appellate Authority as well as the Revisional Authority vide Annexures-2 & 3 to this petition.

(2.) Short background involved in this petition is that one Paitu Ganda grandfather of opposite party No.2 transferred the case land by way of a registered sale deed bearing No.1273 dated 24.4.68 to the present petitioner. From the case record, it appears that one Sansara Ganda son of Paitu Ganda initiated O.L.R Case bearing No.16/84 for restoring the disputed land from the present petitioner on premises that he belongs to 'Ganda' which again belongs to Schedule Caste and consequently, before sale of the land, permission under Section 22 of the O.L.R. Act was necessary. The father of the opposite party No.2 filed a case for setting aside the sale deed in the year 1968 and also for eviction of the present petitioner. O.L.R. Case No.16/84 was disposed of after giving opportunity of hearing to the present petitioner thereby declaring the sale deed as void and further holding that since the present petitioner has perfected right by way of adverse possession and the actual possession being taken place prior to the commencement of the O.L.R. Act dismissed the proceeding as not maintainable. The present petitioner appearing in the O.L.R. proceeding contested the proceeding on the premises that one Paitu Ganda @ Tanti sold the case land to the present petitioner and his brother late Ratnakar Panda and Bhagabatia Panda. Present petitioner possessed the same since that date. Present petitioner also alleges that one Sudam Buda created trouble claiming that he had purchased the case land on 19.1.1957 though he was never in actual physical possession of the case land. It is only for this disturbance the present petitioner asked for a fresh sale deed. Consequently, sale deed of the year 1968 was created.

(3.) Under the premises, since the petitioner was in possession of the land since 3.1.1951 the present petitioner claimed his right otherwise by way of adverse possession.