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1990 Supreme(Ori) 444

J.M.MAHAPATRA, G.B.PATNAIK
BAIDHAR BEHERA – Appellant
Versus
SPECIAL OFFICER, O. L. R. , CENTRAL DIVISION – Respondent


Advocates Appeared:
S. Misra-2, for the Appellant; Additional Government Advocate and P. Kar, for the Respondent

JUDGMENT :

G.B. Pattnaik, J. - The Petitioner is a non-Scheduled Caste person and purchased the disputed land measuring 50 decimals appertaining to plot No. 399 en 16-4-1968 by means of a registered sale deed, from opposite party No. 4 who is a Scheduled Caste man. The said opposite party No. 4 had made an application to the Revenue Officer for permission to transfer the land on 7-2-1968. The Revenue Officer gave permission for transfer on 9-5-1968. Though the registered deed was executed on 16-4-1968, but only a part of the consideration had been paid and the full consideration money was paid on 10-5-1968 and possession was delivered. Opposite party No. 4 made an application on 23-6-1978 long ten years after alleging that there was no prior permission on the date when the registered deed was executed and, therefore, the transfer in question is void u/s 22 of the Orissa land Reforms Act. The Revenue Officer came to the conclusion that the transfer made on 16-4-1968 by virtue of the registered sale deed having been made without the previous permission in writing of the Revenue Officer, the transfer was void and he accordingly declared the transfer to be invalid and directed that the

























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