BIDYA MAHANANDA Vs. GAJENDRA BHOI

JUDGEMENT

(1.) The petitioners have challenged the orders under Section 23 -A of the Orissa Land Reforms Act, 1960 (hereinafter referred to as 'the Act') passed by Special Officer, Land Reforms, Sambalpur in O.L.R. Revision No. 4/9 of 1980 under Annexure -3 and the order of the Revenue Officer, Titilagarh in O.L.R. Case No. 8/A -55/73 under Annexure -1 of the writ application.

(2.) THE short facts of the petitioners' case are that the petitioners alongwith opp. party No, 3 and their brother Laxmidhar Mahananda, since dead, purchased the disputed property from opp. party No. 2 by a Regd. Sale Deed dated 29 -2 -1964 for a consideration of Rs. 900/ -and remained in peaceful possession thereof since then.

(3.) THE revisional authority, on consideration of the material on record, has held that the transfer was irregular as permission under Section 7 by of the Orissa Merged States (Laws) Act had not been taken prior to execution of sale deed. It was further held that in view of the provision of Section 23 A of the Act, the period of limitation being 30 years, the petitioners could not have acquired adverse possession, by his possession since 29 -2 -1964.