JANMAJOY PUROHIT Vs. SHANKARSAN KALO AND ORS.

JUDGEMENT

(1.) This appeal has been filed by the Appellant against the judgment and order of the learned Single Judge dated 22.1.2007 by which while dismissing the writ petition filed by the Respondent Nos. 1 and 2, certain directions have been issued to the Statutory Authority to take action against certain persons including the Appellant for violating the provisions of law.

(2.) The facts and circumstances giving rise to the case are that one Sanatan Kalo had agricultural lands. He had three sons, one of them was Somnath. Two sons of said Somnath namely, Kanahei and Puma had transferred their share in favour of one Hardugan Tete vide Registered Sale Deed dated 4.4.1969 for a consideration and he was put in possession. The transfer and the transferee belonged to the Scheduled Tribes. The Transferee Hardugan Tete sold the land by registered sale deed dated 7.9.1971 for a consideration in favour of Janmajoy Purohit after taking permission of the competent authority under the Statute i.e. Sec. 3(2) of Regulation 2 of 1956 by filing Misc. Case No. 234 of 1970. He had been put in possession. However, after a lapse of long period, the descendants of another son of Sanatan Kalo challenged the transfer on the ground that the land had been transferred by a person of Scheduled Tribe in favour of a non -Scheduled Tribe person and therefore there was violation of law.

(3.) That one Durga Pr. Panda had encroached a portion of the case land without having any right, thus the Appellant filed Title Suit No. 44 of 1990 before the Civil Judge (Sr. Division), Sundargarh. The same was decreed in favour of the Appellant. The said Durga Pr. Panda preferred Appeal before the learned District Judge, Sundargarh vide Title Appeal No. 35 of 1993 which was also dismissed confirming the judgment and decree of the Trial Court. Being aggrieved, the said Durga Pro Panda preferred Second Appeal before this Court vide Second Appeal No. 236 of 1997 which is pending for hearing.