A. K. PADHI, J.

( 1 ) THE petitioner, a member of Scheduled Tribe assails the order of the revisional authority arising out of a proceeding under S. 23 of the Orissa Land Reforms Act (hereinafter referred as 'the O. L. R. Act' ).

( 2 ) THE opposite party No. 2 is a member of Scheduled Tribe had purchased the disputed property comprising of an area of A. O. 22 dec. of land in village Padhel on 25-8-1975. According to the petitioner, though the sale deed stands in the name of opposite party No. 2, the real transferee was opposite party No. 1 who belongs to a non-Scheduled Tribe. On these allegations a petition was filed under S. 23 of the O. L. R. Act praying for restoration of possession.

( 3 ) THE opposite parties 1and 2 appeared and according to them opposite party No. 2 was the real purchaser and the transfer being from one Scheduled Tribe member to another Scheduled Tribe member, no permission was required before such transfer.

( 4 ) ON enquiry, the learned Revenue Officer held that the real transferee was opposite party No. 1 and to play fraud on the prohibition under S. 22 of the O. L. R. Act, the sale deed had been executed in favour of opposite party No. 2 and this order