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2005 Supreme(Ori) 539

A.S.NAIDU
Abdul Gani Ansari – Appellant
Versus
Addl. District Magistrate – Respondent


Advocates:
For Petitioners:M/s. Prafulla Ku. Rath, R. C. Jena, P. K. Satpathy, D. K. Nayak, R. N. Parija and A. K. Rout
(In both the cases)
For Opp. Parties:Additional Government Advocate
(In both the cases)

JUDGMENT

A. S. NAIDU, J. — A proceeding was initiated under Regulation 2 of 1956 (The Orissa Scheduled Areas Transfer of Immovable Property (By Scheduled Tribes) Regulations 1956) against the petitioners on the ground that they being non-scheduled caste persons are in forcible occupation of lands belonging to sched¬uled tribe persons. The Officer-on-special duty (LR), Sundargarh after giving notice to the parties by a reasoned order dated 30.11.2002 passed in Misc. Case No.3 of 1998 arrived at a conclu¬sion that the petitioners being non-scheduled caste persons are in illegal and forcible possession over the disputed lands and directed their eviction. Being aggrieved by the said order, the petitioners preferred an appeal before the Additional District Magistrate, Sundargarh. The said appeal was registered as R.A. No.49 of 2002. The appellate authority after considering all the facts and circumstances held that the appeal has no merit and dismissed the said appeal. The aforesaid orders are assailed in these writ petitions.

2. Mr. Rath, learned counsel appearing for the petitioners forcefully submitted that the petitioners have purchased the lands in the year 1955 by means of an oral








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