Important Point
Agricultural lands even within the municipal area will come under the purview of the Orissa Land Reforms Act.

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 persons and also recorded the finding that the lands in question could be governed by Orissa Land Reforms Act notwithstanding the fact that the land is situated within the municipal limits of the Cuttack Town. The aforesaid order of the Revenue Officer was assailed in appeal before the Additional District Magistrate, Cuttack, but the appeal was dismissed by order dated 7.6.83. The matter was then carried in revision to Special Officer Land Reforms, Cuttack, and the said Special Officer allowed the Revi­sion by order dated 31.12.1983 on a conclusion that Land Reforms Act does not apply to urban land. Respondent No. 1 filed a Writ Petition assailing the aforesaid order of the Special Officer Land Reforms, Cuttack and by the impugned judgment dated 4.7.85 the High Court after analysing different provisions of the Act, more particularly, the definition of ‘Land’ in Section 2(14) of the Act came to the conclusion that the situation of the land within the urban area is not a relevant consideration to determine whether the particular land comes within the purview of the Land Reforms Act or not. But since no evidence had been lead by the parties to indicate whether the disputed land comes within the definition of ‘Land’ under Section 2(14) of the Act the High Court remitted the matter to the Sub-Divisional Officer for fresh disposal after giving opportunities to both parties to lead evidence, if they are so advised. It is this order of the Orissa High Court which is being challenged in this appeal.

2. Mr. G.L. Sanghi, the learned senior counsel appearing for the appellants contended that the very purpose of the Orissa Land Reforms Act being a progressive legislation relating to agrarian and land tenures, the said Act cannot have any application to the land which is a part of the master plan of a City and, therefore, the High Court committed error in applying the provisions of the Land Reforms Act to the case in hand. Mr. Sanghi further contended that in the absence of any materials to indicate that the vendors of the sale deeds belong to the Scheduled Castes the embargo contained under Section 22 of the Act will not apply and, therefore, the application under Section 23 of the Act was not tenable. Mr. Sanghi also submitted that in view of Section 73 (C) of the Land Reforms Act and in view of the fact that the area comes within a master plan thereby necessarily reserved as an urban area the Act cannot have any application. The learned senior counsel for the respondents on the other hand contended, that the definition of ‘Land’ in Section 2(14) is wide enough to include the lands within the municipal area provided the same is used for agricultural purposes or is capable of being used for agricultural purposes and in that view of the matter the High Court right