CHANDRA SEKHAR PATRA Vs. JITAN MANKI AND OTHERS

JUDGEMENT

(1.) This is a writ petition assailing the order dated 4.12.2013 passed by the Additional District Magistrate, Sundargarh in Revenue Appeal No.3/2010 appearing at Annexure-5 and also the order dated 23.12.2009 passed by the Officer on Special Duty, Panposh, in Revenue Misc. Case No.125/2007, vide Anenxure-4.

(2.) Short background involved in this case is that the father of the present O.P.1, Bahadur Manki in the year 1993 asked for permission from the Officer on Special Duty, Panposh to mortgage his land bearing khata no.148 plot no.1432 having an area Ac.1.530 decimals. Upon due consideration, necessary permission was also granted in favour of the party concerned on 23.12.1993, vide Annexure-1. One Dilor Topno established a crusher unit involving the father of the present O.P.1 remaining as a collateral security by way of mortgaging his landed property, which was also the subject matter of the permission under Annexure-1. As the loan taken from the O.S.F.C. could not be paid back by the loanee, the O.S.F.C. by invoking power under Section 29 of the S.F.C. Act, 1951 put the mortgaged property into auction in the year 2006.

(3.) Assailing the impugned orders, Sri Mishra, learned counsel for the petitioner, raised three grounds; firstly, the petitioner being a bona fide purchaser from the O.S.F.C. in exercise of power under Section 29 of the S.F.C. Act, the provision of Regulation-II of 1956 has no application involving the transaction between the O.S.F.C. and the present petitioner. Relying on a decision in the case of Subhransu Sekhar Padhi vrs. Gunamani Swain & others reported in (2014) 12 SCC 368, Sri Mishra, learned counsel for the petitioner claimed that this decision has full support to the case of the petitioner.