JUDGMENT

In this writ application, the petitioner has prayed for quashing of order dated 17.2.2016 passed by the Sub-Collector, Sonepur under Annexure-3 and also prayed for a direction to the Sub-Collector to immediately accord permission for transfer/sale of land in terms of the order passed under Annexure-1 to the writ application.

2.Heard Mr. P.K. Mishra, learned Counsel for the petitioner and Mr. R.P. Mohapara, learned Additional Government Advocate for the State.

3.Mr. Mishra, leaned Counsel for the petitioner submits that the petitioner belongs to Schedule Caste community with the sub-caste “Ganda” and he is a permanent resident of Subarnapur district. The petitioner, who is presently ailing, has got sufficient landed properties. He has also got a grown up daughter, whose marriage was fixed but the marriage could not be performed due to paucity of fund. The wife of the petitioner is also ailing from multiple disorders, for which huge funds are required for her treatment. For these reasons, the petitioner wanted to sell part of his property measuring an area of Ac.0.620 under Khata No.90, Plot No.448 of Moauza – Sonepur, Unit-3. But since no purchaser was available from his community to purchase the land at the present market rate, the petitioner made an application under Section 22 of the Orissa Land Reforms Act, 1960, for short, “the Act” before the Sub-Collector, Sonepur (Opposite Party N.2) for grant of permission for sale of patch of land. On such application, Case No.24 of 2012 was instituted. Ultimately, vide order dated 12.8.2014, opposite party No.2 granted permission for transferring only Ac.0.150 decimals of land. Being aggrieved, the petitioner filed an appeal before the appellate authority under “the Act” and the same was registered as OLR Appeal No.4 of 2014. Vide Annexure-1, the said appeal was allowed on 22.4.2015 setting aside the order dated 12.8.2014 passed by opposite party No.2 Sub-Collector, Sonepur and permitting transfer of land covering an area of Ac.0.620 decimals. The Appellate Authority also directed that the copy of the order along with certified copy of LCR be sent to opposite party No.2 for execution of his order. Since opposite party No.2 did not execute the said order, the petitioner filed W.P. (C) No.22591 of 2015 on 15.12.2015 before this Court for a direction to opposite party No.2 to immediately carry out the orders passed by the Appellate Authority under Annexure-1.The said writ application was disposed of on 21.12.2015 directing opposite party No.2 to accord necessary permission for alienation of the land in favour of the petitioner within a period of one month from the date of production of certified of the order, if there was no other impediment. According to Mr. Mishra, learned Counsel for the petitioner, the above noted order of this Court was duly produced before opposite party No.2. However, opposite party No.2 has passed a strange order under Annexure-3 rejecting the prayer made by the petitioner for grant of permission after finding fault with the way proceeding was conducted by the Appellate Authority. (who has passed the order under Annexure-1) as if he was sitting in appeal over the order passed by the appellate authority. Accordingly, Mr. Mishra submitted that by doing so, the opposite party No.2 has mis-conducted himself as he is bound to honour the order of the Appellate Authority, till the same is altered or reversed by any higher forum. He further submitted that opposite party No.2 has no jurisdiction/authority to find fault with the appellant order nor has he got any jurisdiction/authority to comment on the manner of disposal of the appeal by the appellate authority. Mr. Mishra submitted that the appellate order under Annexure-1 still holds the field and has not been reversed by any higher forum. Therefore, according to him the order under Annexure-3 is a perverse one and being product of arbitrary use of power by opposite party No.2 is liable to be set aside.

4.Mr. Moha