GOKULANANDA SETHY Vs. COLLECTOR, RAYAGADA & OTHERS

JUDGEMENT

(1.) In this writ petition, the petitioner has made the following prayer:

(2.) In assailing the aforesaid impugned orders, Sri Chhinchani, learned counsel appearing for the petitioner raises the following grounds:

(3.) From the documents involved in the case, this Court finds that the Scheduled Tribe persons admittedly availed the loan from the public financial institution. For non-payment of loan dues, OPDR proceedings were initiated against the Scheduled Tribe Persons resulting Certificate Proceedings and Certificate Proceedings were concluded by court auction and after obtaining necessary permission from the competent authority. Consequent upon issuance of certificate of sale in favour of the petitioner, record-of-right was also prepared, as appearing at Annexure-1 and it is at this stage of the matter and after a long gap of 25 years, a suo motu proceeding under Regulation 2 of 1956 applying the provision under Section 3 (2) of the Regulation 2 was initiated. Regulation 2 proceeding initiated suo motu was registered as OSATIP Case No.3/2004 and this matter was disposed of against the petitioner holding that the sale transaction has been effected in non-compliance of the provision contained in Section 3(1) of the Regulation 2 of 1956. Referring to the impugned order and drawing this Courts attention to the provision under Section 3 of the Regulation 2 of 1956, Sri Chhinchani, learned counsel appearing for the petitioner contended that there has been no proper appreciation of first proviso involving Section 3(1) and therefore, the impugned order cannot be sustained. Sri Chhinchani, learned counsel also raises dispute with regard to the limitation on the premises that the Regulation 3 proceeding having been initiated after long lapse of time for which the proceeding is also otherwise not maintainable. It is in these premises, Sri Chhinchani, learned counsel prayed for setting aside the impugned order under Annexure-3 and thereby confirming the sale transaction in favour of the petitioner.