Judgement

R. N. MISRA, J. :- This is an application for a writ of certiorari directed against the order of the Subdivisional Officer, Khondamals (Opposite party No. 2) passed under Section 60 of the Khondmals Laws Regulation 1936 (hereinafter referred to as the Regulation , as also the order of the Collector, Phulbani (Opposite party No. 1), in appeal against the former order.

2. One Sidheswar Mallik a member of the Scheduled Tribes was a joint owner of certain lands along with four co-sharers and obtained transfer of the interest of the co-sharers in his favour. Sidheswar applied for permission to the opposite party No. 2 for alienation of the property now in dispute in favour of the petitioner and permission was accorded in May 1968, vide Annexure-2. The petitioner claims that the sale took place thereafter and he was put into possession. Opposite parties 3 to 4 were set up by some enemies of the petitioner and applied to the Sub-divisional Officer (opposite party No. 2) under Section 60 of the Regulation on the allegation that the lands in dispute were in their possession as tenants and their possession could not be affected by the alienation made by the co-sharers in favour of Si