RAM KRUSHNA PANDA Vs. SUB-DIVISIONAL OFFICER

JUDGEMENT

(1.) THIS is an application under Arts. 226 and 227 of the Constitution of India for quashing the order dated 11-6-74 of the S. D. p. Dharamgarh passed in a proceeding under Section 23 of the Orissa Land Reforms Act (hereinafter called the Act) imposing a penalty of Rs. 2,400/- on the petitioner (Annexure-1), the appellate order dated 2-11-74 of the A. D. M. Kalahandi passed in appeal from the order of the S. D. O. in Revenue Appeal No. 11 of 1974 (Annexure 2)reducing the fine to Rs. 200/-, and the order dated 31-1-76 passed in revision by the Board of Revenue in Revision Case No. 85 of 1974 (An-nexure-3)confirming Annexure-2.

(2.) IT is not in dispute that opposite party No. 4 is a member of scheduled tribes and the petitioner is a person not belonging to scheduled tribes. Opposite party no. 4 transferred, under a registered mortgage deed dated 30-4-1969, A. 3. 13 dec. of land to the petitioner for a consideration of Rs. 800/ -. As disclosed by an enquiry caused to be made through the Revenue Inspector, the petitioner, pursuant to the aforesaid mortgage, remained in possession of the said lands for four years, viz. , from 1969-70 till 1972-73 and that opposite party No. 4 got back possession in 1973-74 and is in continuous possession since then.

(3.) ON the basis of an application made by opposite party No. 4 under Section 23 of the Act before opposite party No. 1, Misc. Case No. 11 of 1974 was registered. After notice to the petitioner and after holding an enquiry into the allegations made in the petition opposite party No. 1 declared the aforesaid transfer invalid and imposed a penalty of Rs. 200/- per year per acre for four years aggregating to a sum of Rs. 2,400/- holding that though opposite party no, 4 had recovered possession since 1973-74, nevertheless, the petitioner was in illegal possession for four years from 1969-70 till the end of 1972. This order of the opposite party No. 1 was varied in appeal only to the extent of reducing the fine to Rs. 200/-and this appellate order was confirmed in revision.