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2013 Supreme(Ori) 453

RAGHUBIR DASH
KASTURI SAHU – Appellant
Versus
STATE OF ORISSA – Respondent


JUDGMENT :

Raghubir Dash, J. - In this writ petition challenge has been made to the validity of order dated 29.09.2004 passed by the opposite party no. 3-Additional District Magistrate, Mayurbhanj in O.L.R. Appeal No. 6 of 2003 under Annexure-2 and the order dated 18.03.2005 passed by the opposite party no. 4-Collector & District Magistrate, Mayurbhanj in O.L.R. Revision No. 2 of 2004 under Annexure-3. Petitioner's case, in short, is that under Registered Sale Deed No. 1143 dated 01.05.1981, she purchased a piece of land from one Mohan Behera and one Sanatan Behera, uncle and father, respectively, of opposite party no. 5 and since the date of her purchase, she has been in possession of her purchased land. In the year 2002, opposite party no. 5 instituted OLR Case No. 3 of 2002 before the opposite party no. 2-Sub-Collector, Panchipir, Karanjia claiming that the vendors of the writ petitioner being "Keuta" by caste are members of a scheduled caste and the said transaction in contravention of the Section- 23 of the OLR Act is void. The learned Sub-Collector passed order vide Annexure-1 rejecting the OLR case observing that the said transaction was made in the year 1981 when Keuta caste









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