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R.C.LAHOTI, ASHOK BHAN
Amrendra Pratap Singh – Appellant
Versus
Tej Bahadur Prajapati – Respondent
JUDGMENT
R.C. Lahoti, J.-The suit property consists of a piece of agricultural land situated in Sundergarh area of Mouza Durgapur, Rourkela. Prior to the year 1962, the property belonged to Chand Oram and Pera Oram. Both of them belong to oraon tribe, which is a scheduled tribe in the State of Orissa as notified vide the Constitution Schedule Tribe Order, 1950 issued in exercise of the power conferred by clause (1) of Article 342 of the Constitution of India. On 21.12.1962 Chand and Pera transferred their right and interest in 0.75 decimals of land in favour of one Mangal Singh Manki. The said Mangal Singh Manki was also a person belonging to a scheduled tribe. Mangal Singh Manki, after obtaining the permission of the Sub-Divisional Officer, Pamposh, sold 0.40 decimals of land by a registered deed of sale dated 7.4.1964 executed in favour of one Ratnamani Mohapatra, and on the same day by another registered deed of sale transferred the remaining 0.35 decimals of land to one Harihar Pradhan. On 6.9.1975 Dr. Amarendra Pratap Singh, the plaintiff-appellant purchased 0.195 decimals of land out of 0.40 decimals from Ratnamani Mohapatra. It is this land purchased by the plaintiff-responde
None of the cases listed explicitly indicate that they have been overruled, reversed, or explicitly treated as bad law based solely on the provided information. The list predominantly references the case of Amrendra Pratap Singh v. Tej Bahadur Prajapati (AIR 2004 SC 3782 or (2004) 10 SCC 65), which appears repeatedly as a foundational or cited decision. There are no clear phrases such as "overruled," "reversed," "criticized," or "abrogated" in any of the entries, nor any indication that a subsequent case has explicitly disapproved or invalidated the case.
Numerous references indicate that the decision in Amrendra Pratap Singh (AIR 2004 SC 3782 / (2004) 10 SCC 65) has been followed or relied upon in subsequent judgments. Phrases such as "the decision of the Hon'ble Supreme Court in Amrendra Singh vs." and "the ratio of the decision in case of Amarendra Pratap Singh (AIR 2004 SC 3782)" suggest that this case remains authoritative and is being applied as precedent. Examples include:
Entries citing "relying upon the decision in Amrendra Pratap Singh v. Tej Bahadur Prajapati" (e.g., entries 01400006933, 01700046459, 02200019302).
References to the case as the basis for legal principles, such as adverse possession, transfer of immovable property, and tribal land rights.
Multiple mentions of the case being used as a guiding authority in later judgments.
There are no explicit indications in the provided list that any case has been distinguished or set apart from Amrendra Pratap Singh or other cases. The list does not contain language such as "distinguished," "differentiated," or "not applicable" to any particular case.
No entries suggest that the case has been criticized or questioned. Phrases like "criticized" or "questioned" are absent, and there are no references indicating judicial disapproval.
Some cases mention reliance or application of the principles laid down in Amrendra Pratap Singh without further elaboration on treatment. For example:
Entries 01300039729 and 01300039663 mention reliance on the case but do not specify whether the case was followed, distinguished, or questioned.
The treatment of the case in some entries appears to be neutral or merely citing it as authority, leaving ambiguity about whether it is still considered good law or has been implicitly questioned or limited.
The repeated references to the case's principles, especially regarding adverse possession and tribal land rights, without mention of subsequent disapproval, suggest treatment is generally consistent with continued validity, but without explicit confirmation.
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