G. K. MISRA, C. J.

( 1 ) PETITIONER No. 1 and opposite party No. 1 are members of Scheduled Tribe and petitioner No. 2 is a member of a non-Scheduled Tribe. On 5-3-64 opposite party no. 1 executed a registered usufructuary mortgage of the disputed land, 1. 48 acres in area, for Rs. 400/- in favour of petitioner No. 1. On 20-11-66 opposite party No. 1 filed an application before the Sub-Collector of Rayagada, opposite party No. 2, complaining that petitioner No. 2 had taken the disputed land on mortgage for a paltry sum of paddy advanced by way of loan and prayed that the disputed land be released from mortgage after adjustment of the dues. No notice was issued on petitioner No. 1 who was not a party to the proceeding. Opposite party No. 2 held an enquiry under Section 3 (2) of the Orissa Scheduled Areas transfer of Immovable Property (By Scheduled Tribes) Regulation, 1956 (Orissa Regulation No. 2 of 1956) (hereinafter referred to as the Regulation) and came to the conclusion that though apparently the mortgage deed was executed in favour of petitioner No. 1, it was a camouflage and the real transferee was petitioner No.

( 2 ) HE accordingly ordered that the disputed land be forma