HEMBO ORAM Vs. ADDL. DISTRICT MAGISTRATE

JUDGEMENT

(1.) The Respondents in R.A. Case No. 20 of 2003, who are residents of Uditnagar, P.S. Plant Site, Rourkela in the district of Sundargarh, have filed this Writ Petition challenging the Order Dated 21.8.2003 passed by the Learned Additional District Magistrate, Sundargarh, whereby the aforesaid appeal (R.A. 20 of 2003) filed by present Opposite Party Nos.3 to 5 was allowed and the order passed by the Officer on Special Duty (L.R), Panposh dated 31.12.2002 in Revenue Misc. Case No. 23 of 1994 under Regulation -2 of 1956 was set aside.

(2.) THE records of the case indicate that a suo motu proceeding i.e. Revenue Misc. Case No. 23 of 1994 Under Section 3 -(A) of Regulation -2 of 1956 was initiated against Opposite Party Nos. 3 to 5 on the report of the Revenue Inspector, Raghunathpalli. In the aforesaid report it had been alleged that the land measuring Ac. 0.085 decimals covered by Plot Nos. 1484 and 1485 situated in village R.T.U.No.35 belonging to the present Petitioners (1 St party) Hembo Oram, Rakho @ Lakha Oram and Dhanda @ Dhunda Oram, sons of Etua Oram @ Ram Oram, who are S.T. persons of Plant Site Road, Rourkela is under illegal possession of a non -Scheduled Tribe persons, namely Ramgopal Bagaria, Sriram Bagaria and Sawarmal Bagaria, sons of late Dhansukhrai Bagaria (present Opposite Party Nos. 3 to 5).

(3.) IN support of their case with regard to possession over the land in dispute, Opposite Party Nos. 3 to 5/Second party had filed several documents before the Officer on Special Duty (L.R) such as: