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2011 Supreme(Ori) 95

SANJU PANDA
Panika Bhoi – Appellant
Versus
Kunu Bariha – Respondent


Advocates:
For Petitioner:M/s. N.C.Pati, A.K. Mohapatra, S. Mishra, S. Tripathy, N. Singh & A.K. Panda
For Opp. Party No. 1:M/s. Ajodhya Ranjan Dash & S.K. Nanda

JUDGMENT

S. PANDA, J. — The petitioner has filed this writ petition challenging the impugned orders in Annexures 4 to 6 passed by opposite parties 5 to 7 respectively under Section 23 of the Orissa Land Reforms Act (in short, “the OLR Act”).

2.The brief facts of the case are that basing on the report of A.D.W.O., Patnagarh, Revenue Misc. Case No.8/6 of 1994 was initiated before the Sub-Collector, Patnagarh under Section 23 of the Act. It was alleged that the disputed land originally belonged to Lochana Bariha, the grand-mother of opposite parties 1 and 2, who is a Scheduled Tribe. She transferred the same in favour of one Rohitaswa Bariha, who also belongs to Scheduled Tribe, by executing a registered sale deed dated 5.2.1974. Rohitaswa Bariha, in his turn, sold the land in question to Panika Bhoi, the present petitioner, by executing two registered sale deeds dated 5.7.1985 and 6.7.1985. However, opposite parties 3 and 4 Kairu Sahu and Rasika Sahu respectively are the real owners of the disputed land. They purchased the property Benami in the name of Rohitaswa Bariha as they do not belong to Scheduled Tribes. As the sale deeds were executed without obtaining permission from the comp


































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