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2016 Supreme(Ori) 467

BISWANATH RATH
Bhagabatia Panda – Appellant
Versus
Collector, Jharsuguda – Respondent


Advocates Appeared:
For the Petitioner: Mr. N.K. Acharya
For the Opposite parties :Learned Additional Government Advocate, Mr. S.B. Jena

JUDGMENT :

Biswanath Rath, J.

The petitioner has filed this petition challenging the judgment of the Appellate Authority as well as the Revisional Authority vide Annexures-2 & 3 to this petition.

2. Short background involved in this petition is that one Paitu Ganda grandfather of opposite party No.2 transferred the case land by way of a registered sale deed bearing No. 1273 dated 24.4.68 to the present petitioner. From the case record, it appears that one Sansara Ganda son of Paitu Ganda initiated O.L.R Case bearing No.16/84 for restoring the disputed land from the present petitioner on premises that he belongs to ‘Ganda’ which again belongs to Schedule Caste and consequently, before sale of the land, permission under Section 22 of the O.L.R. Act was necessary. The father of the opposite party No.2 filed a case for setting aside the sale deed in the year 1968 and also for eviction of the present petitioner. O.L.R. Case No.16/84 was disposed of after giving opportunity of hearing to the present petitioner thereby declaring the sale deed as void and further holding that since the present petitioner has perfected right by way of adverse possession and the actual possession being taken pl











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