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2014 Supreme(Ori) 150

I.MAHANTY
Jogendra Panda – Appellant
Versus
Collector, Kalahandi – Respondent


Advocates Appeared:
For Petitioner: M/s. S. Mishra, S. Mohanty, R.C. Rath & A.K. Mishra.
For Opposite Party Nos. 1 & 2: Additional Standing Counsel.
For Opposite Party Nos. 3 & 4: M/s. S.K. Mund, K. Patnaik, R. Samal & S. Pattanaik.

JUDGMENT

INDRAJIT MAHANTY, J.

1. In this writ application, the petitioner Jogendra Panda has sought to challenge the order dated 09.07.1990 passed by the Revenue Officer, Dharamgarh in R.M.C. No. 490 under Section 23-A of the Orissa Land Reforms Act, 1960 (In short the O.L.R. Act) directing issue of restoration warrant of the schedule land in favour of the legal heirs of the recorded tenant i.e. the present private opposite party Nos. 3 to 5, who are admittedly belong to Sabara community and have been listed as Scheduled Tribes. The present petitioner, who is a Brahmin by caste sought to challenge the said order before the A.D.M. (L.R.), Kalahandi, Bhawanipatna in O.L.R. Appeal No. 23 of 1990 and the said appeal came to be allowed by order dated 28.11.1990, whereby, the A.D.M. Kalahandi set aside the order passed by the Revenue Officer. The predecessors in interest of the private opposite party Nos. 3 to 5 challenged the order passed in appeal in the Court of the Collector, Kalahandi in O.L.R. Revision Case Nos. 1 of 1991 and 2 of 1991 and the said revisions came to be allowed by the learned Collector, Kalahandi by order dated 26.03.1993 setting aside the order passed in appeal and























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