G.B.PATTANAIK, M.B.SHAH
Om Prakash Agarwal – Appellant
Versus
Batara Behera – Respondent
Judgment
Pattanaik, J.-This appeal is directed against the judgment dated 4.7.85 of the Orissa High Court whereunder the High Court has come to the conclusion that the agricultural lands even within the municipal area will come under the purview of the Orissa Land Reforms Act. The disputed land measuring 2.133 acres is situated on periphery of Cuttack Town and the said land was sold by a Registered Sale Deed dated 24.6.1966, in favour of non-scheduled caste persons by persons alleged to be belonging to Scheduled Caste. Respondent No. 1 who is a co-sharer of the vendors of the aforesaid Sale Deed filed a Petition invoking the jurisdiction of the Revenue Officer under Section 23 of the Orissa Land Reforms Act (hereinafter referred to as ‘The Act’) alleging therein that the transfer in question being in contravention of sub-section (1) of Section 22 is void and, therefore, the vendor should be put back in possession. The said Revenue Officer held the necessary enquiry under sub-section (2) of Section 23 and by order dated 28.2.83 declared the sale to be invalid. While coming to the aforesaid conclusion the Revenue Officer rejected the contention that the vendors are not Scheduled Caste
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