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1990 Supreme(Ori) 325

V.GOPALASWAMY, R.C.PATNAIK
SRIMATI MADANBATI LATH – Appellant
Versus
S. D. O. – Respondent


Advocates Appeared:
Sanjit Mohanty, for the Appellant; Addl. Standing Counsel (for O.P. Nos. 1 to 3), R.N. Sinha, S.N. Sinha, P.K. Routray, S. Das and P. Mohanty (for O.P. No. 4), for the Respondent

JUDGMENT :

R.C. Patnaik, J. - This is an application by the transferee seeking the quashing of the orders (vide Annexures-1, 2 and 4) passed by the original, appellate and revision authorities under the Orissa land Reforms Act, 1960 by way of judicial review.

2. 19 decimals of land appertaining to Hamid Settlement Plot Nos. 21 and 22-under Khata No. 25 in village Ainthapalfi within the Sadar Police Station in the district of Sambaipur is the subject-matter of the dispute. Opp. party No. 4, a person belonging to the Scheduled Tribe, filed an application on 13-3-1966 before the Additional Tahsildar seeking permission to sell the property in dispute to the petitioner. That was sent to the R. 1. for enquiry and submission of report. The R. 1. raised no objection and submitted his report in September, 1966, Proclamation was issued on 7-1-1967 inviting objection. On 25-7-1967, the Additional Tahsildar submitted the file to the Sub-Divisiona! Officer recommending grant of permission. While the matter was pending before the Sub-Divisional Officer, the petitioner obtained a sale-deed in anticipation of grant of permission. Since the sale was effected not with the previous permission in writin















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