KARTIKA DALAI Vs. COLLECTOR, BALASORE & OTHERS

JUDGEMENT

(1.) This petition challenges the order dated 10.10.2013, passed by the Sub-Collector, Balasore, opposite party no.3 in OLR Case No.5 of 2005, rejecting the prayer of the petitioner to restore the land under Sec.23 of the Orissa Land Reforms Act (in short 'Act').

(2.) The case of the petitioner is that he is a schedule caste person. His caste is 'Dandachhatra Majhi'. The land in question has been sold to Paramananda Barik, opposite party no.4 by his brothers and mother without obtaining permission from the competent authority as required under Sec.23 of the Act. He is in possession of the land. The opposite party no.4 is trying to dispossess him from the land. With the above factual scenario, he filed an application under Sec.23 of the Act before the Sub-Collector, Balasore.

(3.) Pursuant to issuance of notice, the opposite party no.4 entered appearance and filed his show-cause stating inter alia that the vendor of the opposite party no.4 is not a party to the case. The petitioner does not belong to schedule caste category. In the Major Settlement ROR as well as in the registered sale deed, the caste of the vendors had mentioned as 'Khandayat'. He had purchased the land from the petitioner's co-sharers. Permission under Sec.22 of the Act is not sine qua non to sale the land.