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2008 Supreme(Ori) 621

B.S.CHAUHAN, B.N.MAHAPATRA
JANMAJOY PUROHIT – Appellant
Versus
SHANKARSAN KALO – Respondent


Advocates Appeared:
H.S. Mishra, A.K. Mishra and T.K Sahu, for the Appellant; U.K. Samal, B.R. Barik and S.P. Patra for Respondents 1 and 2, for the Respondent

JUDGMENT :

B.S. Chauhan, C.J. - This appeal has been filed by the Appellant against the judgment and order of the learned Single Judge dated 22.1.2007 by which while dismissing the writ petition filed by the Respondent Nos. 1 and 2, certain directions have been issued to the Statutory Authority to take action against certain persons including the Appellant for violating the provisions of law.

2. The facts and circumstances giving rise to the case are that one Sanatan Kalo had agricultural lands. He had three sons, one of them was Somnath. Two sons of said Somnath namely, Kanahei and Puma had transferred their share in favour of one Hardugan Tete vide Registered Sale Deed dated 4.4.1969 for a consideration and he was put in possession. The transfer and the transferee belonged to the Scheduled Tribes. The Transferee Hardugan Tete sold the land by registered sale deed dated 7.9.1971 for a consideration in favour of Janmajoy Purohit after taking permission of the competent authority under the Statute i.e. Section 3(2) of Regulation 2 of 1956 by filing Misc. Case No. 234 of 1970. He had been put in possession. However, after a lapse of long period, the descendants of another son of Sanata




























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