LAKSHMI RANI KACHHAP Vs. THE COMMISSIONER

JUDGEMENT

(1.) This writ petition has been filed by the petitioner seeking a mandamus for directing the registering authority to register the sale deed presented for registration.

(2.) Short background involved in this case is that the petitioner is a registered tenant in respect of a house standing over the area measuring Ac.0.054 decimals of Major Settlement Plot No. 808/4291, appertaining to Major Settlement Khata No. 644/1176. Presently, the kissam of the land is Gharbari-I. The petitioner purchased the said house under a Registered Deed of Sale vide RSD No. 11621303761 dated 7.10.2013. The house is situated within the Sambalpur Municipal Corporation i.e. an urban area. Sri Guru, learned counsel for the petitioner claims that following the provision contained in Section 73-C of the Orissa Land Reform Act, the land situated in Municipal Corporation area is exempted from the purview of the O.L.R. Act. Therefore, there is no application of any of the provisions contained under the O.L.R. Act involving the disputed land having already merged in the Corporation. Learned counsel for the petitioner further submitted that the petitioner presented the sale deed for registration on 26.9.2016, even though the instrument was accepted but later on, the registering authority refused to register the same on the premises of violation of the provisions contained under Section 22 of the O.L.R. Act, which action since bad and against law, request is being made for interfering in the impugned action and issuing appropriate mandamus.

(3.) Learned counsel for the petitioner further contended that the transfer involved is made by a Scheduled Tribe in favour of a non-Scheduled Tribe. Taking resort to a notification in the Orissa Gazettee on 14th July, 1972 bringing the area involving the petitioner's land to the fold of town planning authority and further relying on decisions as reported in 1st-1999 (II) OLR(SC)182, 2nd- Vol.71(1991) CLT 390 and 3rd-Vol.43 (1977) CLT, 61, Sri Guru, learned counsel for the petitioner contended that for the conversion of the land from agricultural status to homestead by the competent authority and for the notification in the Orissa Gazettee on 14th July, 1972, it becomes clear that the authorities went wrong in refusing to register the instrument.