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2004 Supreme(SC) 662

BRIJESH KUMAR, ARUN KUMAR
Lincai Gamango – Appellant
Versus
Dayanidhi Jena – Respondent


JUDGMENT

Brijesh Kumar, J.-The proceedings of these appeals before this Court arise out of the Revenue Miscellaneous Cases No. 150 to 156 of 1976 filed by the appellants separately against the separate respondents under the provisions of Orissa Regulation No.2 of 1956 before the Project Administrator, I.T.D.A., Parlakhemundie and Addl. District Magistrate, Ganjam in the State of Orissa. The cases were filed by the appellants who belong to Scheduled Tribe of Khariaguda village in Gumma block whereas the respondents who have been impleaded as opposite parties in different cases are Pano Christians of Asharyaguda village. It appears that the land in dispute falls in village Khariaguda which is a scheduled area under the provisions of the Regulation No. 2 of 1956. The claim of the appellants who filed different cases is that the land belongs to them but it has been forcibly occupied by the respondents. The cases were decided in favour of the appellants with a direction for restoration of suit land to them vide order dated 28.2.1979 passed by O.S.D., Parlakhemundie. On appeal, however, the Addl. District Magistrate, Ganjam, Chatrapur, remanded the cases for further inquiry with an observ





















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