JAMI RAMESH Vs. STATE OF ORISSA AND OTHERS

JUDGEMENT

(1.) Since the issues involved in all the writ petitions are similar, as agreed upon by learned counsel for the parties, those are taken up together for analogous hearing and are disposed of by a common judgment. For the sake of convenience of discussion, W.P.(C) No.14733 of 2006 is taken up as the leading case.

(2.) By way of the writ petition, the petitioner has challenged the entire proceedings initiated in OSATIP Case Nos.1116 of 2005 to 1126 of 2005 and the final order dated 07.10.2006 (Annexure-11) passed therein by the Sub-Collector, Jeypore-opposite party no.3, holding the transaction of land is fraudulent and reverting the same to the original tribal owners. The petitioner has also challenged the provisions under Section 3(1) and 3(B) of the Orissa Scheduled Areas Transfer of Immovable Property (By Scheduled Tribes) Amendment Regulation, 2000 (hereinafter referred to as "the Amendment Regulation, 2000") and has prayed to declare the same as ultravires to the Constitution of India.

(3.) The facts of the case as stated in the writ petition in a nutshell are that on 02.01.2003, the petitioner and his family members had purchased the case land from the vendors (general caste) and the case land was mutated in their names and the R.O.Rs were corrected accordingly vide Annexure-1 and 2 series. The vendors of the petitioner had originally purchased the case land from the tribal owners after obtaining due permission and following due procedure of laws as required under regulation 2/1956, from the then competent authority in the year 1984 to 1989. After purchasing the case land, the vendors mutated the same in their names and paid rent regularly. After mutation of case land, RORs were corrected vide Annexures-3 and 4, 5 & 6 series). Subsequently, on 25.3.2005, the case lands were sold by the petitioner and his family members to M/s. Sri Sai Rameswar Solvents Pvt. Ltd., represented by the petitioner as Managing Director and the lands were mutated in the name of the Company and R.O.Rs were corrected accordingly vide Annexures-7 & 8 series. However, on filing of information regarding details of purchase of land by the petitioner and his family members and occupation of land in the prescribed form (Form-2) supported by affidavit as required under Section 3-B of Amended Regulation 2000 under Annexure-9 series, the Sub-Collector, Jeypore initiated eleven cases against the petitioners i.e. OSATIP No.1116/05 to 1126/2005 and issued notice to appear on 06.06.2006, which was served on 07.06.2006 (Annexure-10 series). It is stated that on different dates the cases were taken up in the absence of the petitioners or without issuing notice to the petitioners. And finally, the Sub-Collector passed the impugned order dated 07.10.2006 at Annexure-11, reverting the case land to the original tribal owners. For ready reference, the said order dated 07.10.2006 is quoted hereunder: