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1991 Supreme(Ori) 60

LINGARAJA RATH, K.C.JAGADEB ROY
GOURANG NAIK – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
R.P.R.BARIK, S.K.DAS GUPTA

K. C. JAGADEB, J.

( 1 ) THE petitioner is a person belonging to Scheduled Caste and has obtained permission under Section 22 of the O. L. R. Act to sell a piece of homstead land situated in Bhubaneswar Master Plan Area to one Smt. Labanyabati Samantray and the said permission has been accorded to him by the Revenue Officer in Revenue Miscellaneous Case No. 450/88 by order dated 6-4-1989.

( 2 ) HAVING found that there is already a Government executive instruction issued from the Government under the signature of the Additional Secretary to Government to the Inspector General of Registration, Orissa, Cuttack fixing the market value of the land in Bhubaneswar Master Plan area and ensuring the market value fixed for the revenue villages under Bhubaneswar Market area and Town Planning to be set forth in instrument and directing the impounding of the said instrument of transfer by the registering officers by reference to Collector under Section 47 (A) of the Indian Stamp Act even if the said market value is not shown on the document, has challenged the same with a prayer to quash the said notification of the Government dated 17-2-1990 as per Annexure-1 of this present writ application







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