LAWS(ORI)-1989-4-22

GHASI DORA Vs. ARJUNA SISA AND ORS.

Decided On April 03, 1989
Ghasi Dora Appellant
V/S
Arjuna Sisa And Ors. Respondents

JUDGEMENT

(1.) THIS is an application for issue of writ of certiorari. Prayer has been made for quashing the order dated 21 -5 -1979 passed by the Competent Authority under Regulation II of 1956, Koraput, in O. S. A. T. 1. P. Case No. 261 of 1977 and the order dated. 29 -6 -1981 passed by the Additional District Magistrate, Koraput, in O. S. A. T. 1. P. R. A. No. 28 of 1979.

(2.) THE facts stated briefly are that the Petitioner Ghasi Dora claiming himself as a member of the Scheduled Tribe, being of. Kanda Dora sub -caste, purchased some lands by a registered sale deed from opposite. party No. 1 Arjuna Sisa and his father Guru Sisa of village Silpada, P.S. Machkund, district Koraput on 2.9 -1 -1962. Subsequently it was disputed that Ghasi Dora did not belong to the Scheduled Tribe. Hence, a D. S. A. T. P. P. Case being Case No. 261 of 1977 was registered and enquiry was made as to whether Ghasi Dora is a member of the Scheduled Tribe. In an ear her order dated 27 -12 -1976, in O. S. A. T. I. P. Case No. 352 of 1975, the Competent Authority rejected the claim at Ghasi Dora that he was a member of the Scheduled Tribe. The writ Petitioner Ghasi Dora preferred as appeal before the Additional District Magistrate. Koraput being O. S. A. T. I. P.. Appeal No. 6 of 1977. The appellate authority remanded the case to the Competent Authority for fresh inquiry.

(3.) AGAINST the order of the Competent Authority, the writ Petitioner filed an appeal before the Additional District Magistrate, who upheld the order of the Competent Authority. In these circumstances, the writ Petitioner has sought for a writ of territorial for quashing the orders of the Competent Authority and the A. D. M.