JUDGMENT :

Biswanath Rath, J.

This writ application has been filed assailing the impugned order at Annexure-2 passed by the Appellate Authority under Section 3(A) of the Orissa Scheduled Areas Transfer of Immovable Properties (by S.T.) Regulation, 1956.

2. Short background involved in this case is that the present petitioner instituted OSATIPR No.2/1996 against O.P.1 under Section 3(A) of the Orissa Scheduled Areas Transfer of Immovable Properties (by S.T.) Regulation, 1956, otherwise called as “Regulation II of 1956”. The petitioner herein claimed that O.P.1 has been forcibly in possession of the disputed land, which since contravenes the provision of Section 3(A) of Regulation, 1956, he is required to be evicted. The O.P.1 on his appearance admitted that his father, Benu Amanatya is the original owner of the case land but pleaded that the case land has been sold by one Dasu Sunari since long. It has been further pleaded that there is already a decision involving a Regulation-II proceeding, and therefore, the subsequent proceeding was also not maintainable. Regulation-II proceeding was decided in favour of the present petitioner by the original authority. But the appeal was decided i