LALIT MOHAN PATNAIK Vs. SUB-DIVISIONAL OFFICER, ANGUL

JUDGEMENT

(1.) THIS is an application under Article 227 of the Constitution of India filed by the petitioner challenging the initiation of the proceeding under Section 23(1) of the Orissa Land Reforms Act (hereinafter referred to as "the Act") by the Revenue Authorities.

(2.) THE facts of the case are as follows : The petitioner purchased Ac.0.20 decs. of land from out of an area Ac.1.30 decs. in Plot Nos.223,518 & 914 under Khata No.288 in Mouza -Turanga Jungle in the then district of Dhenkanal, at present in the district of Angul, in the year 1964 from one Bihari Naik, the eldest son of one Mitu Naik. The vendor Bihari Naik belongs to the Scheduled Caste community. Physical possession was delivered in favour of the petitioner following the transaction for sale of the land. Since the sale transaction and physical delivery of possession of the land was completed in March, 1964, i.e., prior to enforcement of Section 22 of the Act, the vendor did not obtain any written permission from the Revenue Officer at the relevant time as it was not required. After purchasing the said land, the petitioner constructed a residential house thereon and continued to reside there with his family members. Subsequently, on 22.4.1966, the vendor executed a formal sale deed in favour of the petitioner vide sale deed No.2137 dated 22.4.1966 without any objection from the registering authority.

(3.) BEING aggrieved by the order dated 10.11.1982, opposite party Nos.5, 6 and 7 preferred Appeal Case No.4 of 1984 before the Addl.District Magistrate, Dhenkanal. On 31.5.1984, the Addl. District Magistrate, Dhenkanal remanded the matter to the Sub -Divisional Officer, Angul for de novo enquiry and adjudication. After remand, the respective parties adduced their evidence and after hearing both the parties, the Revenue Officer -cum -Sub -Divisional Officer, Angul on 17.1.1989, held that the sale of the land in favour of the petitioner was in contravention of Section -22 of the Act and the registered sale deed dated 22.4.1966 was invalid. Against the said order, the present petitioner preferred O.L.R. Appeal No.5 of 1989 before the Addl.District Magistrate, Angul, which was dismissed on 18.12.1991. Aggrieved by the said order of the Addl. District Magistrate, Angul, the petitioner preferred O.L.R. Revision No.3 of 1994 before the Collector, Angul under Section 59(1) of the act read with Rule 42 -B of the O.L.R. (General) Rules, 1965 and the said revision was also dismissed on 1.5.2002. Hence, the present writ petition.