SRIDHAR KHILAR AND OTHERS Vs. ADDL COMMISSIONER

JUDGEMENT

(1.) This petition challenges the order dated 7.3.2017, passed by the Additional Commissioner, Settlement and Consolidation, Balasore, opposite party no.1, in Consolidation Revision Case No.365 of 2015 as well as order dated 8.2.2018, passed by the Addl. District Magistrate, Balasore, in O.L.R. Appeal No.5 of 2014. By order dated 7.3.2017, Annexure-8, the opposite party no.1 allowed the revision under Sec.37(1) the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 ('OCH & PFL Act' for short), filed by opposite party no.4 herein, whereas, the opposite party no.2 allowed the OLR Appeal No.5 of 2004 on 8.2.2018 filed under Sec.58 of the Orissa Land Reforms Act, 1960 (in short 'OLR Act').

(2.) Bereft of unnecessary details, the short facts of the case are that opposite party no.4 is a Scheduled Caste person. His caste is 'Dhoba'. His grandfather Budhi Sethi executed a registered deed of relinquishment on 9.11.1966 in favour of the predecessors of the petitioners without obtaining permission from the Revenue Officer u/s.22 of the OLR Act. He filed OLR Case No.1 of 2014 before the Sub-Collector, Balaswar, opposite party no.3, under Sec.23 of the OLR Act to declare the deed void and restore possession. The petition was dismissed on the ground of limitation. Felt aggrieved, he filed OLR Appeal No.5 of 2014 before the learned Addl. District Magistrate, Balasore. While matter stood thus, he filed an application under Sec.37 of the OCH & PFL Act before the Addl. Commissioner, Settlement and Consolidation, Balasore, opposite party no.1 to record the land in his favour. By order dated 07.03.2017, the Commissioner held that the deed of relinquishment has been executed by Budhi Sethi in favour of Faka Khilar, Purna Chandra Khilar, Ghanashyam Khilar, sons of Laxmidhara Khilar without obtaining prior permission from the Revenue Officer under Sec.22 of the O.L.R. Act, which is a mandatory requirement for transfer of the land belonging to Scheduled Caste persons to Non-Scheduled Caste persons. The deed is void. No title has passed. Held so, it directed the Tahasildar, Simulia, to record the land in favour of the opposite party no.4.

(3.) Heard Mr. R.N. Singh, learned counsel for the petitioners and Mr. R.P. Mohapatra learned AGA for the State.