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2019 Supreme(Ori) 22

K.S.JHAVERI, K.R.MOHAPATRA
Jami Ramesh – Appellant
Versus
State of Orissa – Respondent


Advocates Appeared:
For the Appellant : M/S. C. Ananda Rao M/S. B.K. Sharma Mr. D.K. Sharma, M/S. C. Ananda Rao, M/S. M.K. Mohapatra M/S. C. Ananda Rao, Mr. Jagjit Panda, M/S. P.K. Rath, M/S. C. Ananda Rao M/S. S.K. Dash, M/S. D.R. Bhokta, M/S. B. Muduli, M/S. P.K. Nanda, M/S. D.R. Bhokta, M/S. S. Mohanty, M/S. P.K. Nanda, M/S. S. Mohanty M/S. S.K. Mishra, M/S. D.K. Bhokta, MD. G. Madani, M/S. B. Pujari MD. G. Madani, M/S. D.R. Bhokta M/S. A.K. Nanda, M/S. D.R. Bhokta, M/S. P.K. Parhi, M/S. D.R. Bhokta, M/S. S.K. Dash, M/S. S. Mohanty, M/S. D.R. Bhokta, M/S. D.P. Dhal, M/S. D.R. Bhokta, Mr. Jagjeet Panda, Mr. Jagjit Panda, M/S. D.R. Bhokta M/S. G.N. Mishra M/S. G. Mohanty M/S. A.K. Nanda Mr. S. Mishra-1 Mr. S. Mishra, M/S. D.R. Bhokta, M/S. S.B. Sahoo, M/S. P.K. Rath, M/S. T.K. Mishra M/S. D.R. Bhokta M/S. S. Mohanty M/S. P.K. Nanda,
For the Respondent:Mr. B. P. Pradhan, Additional Government Advocate (for State of Orissa)

JUDGMENT :

K.S. Jhaveri, J.

Since the issues involved in all the writ petitions are similar, as agreed upon by learned counsel for the parties, those are taken up together for analogous hearing and are disposed of by a common judgment. For the sake of convenience of discussion, W.P.(C) No.14733 of 2006 is taken up as the leading case.

2. By way of the writ petition, the petitioner has challenged the entire proceedings initiated in OSATIP Case Nos.1116 of 2005 to 1126 of 2005 and the final order dated 07.10.2006 (Annexure- 11) passed therein by the Sub-Collector, Jeypore-opposite party no.3, holding the transaction of land is fraudulent and reverting the same to the original tribal owners. The petitioner has also challenged the provisions under Section 3(1) and 3(B) of the Orissa Scheduled Areas Transfer of Immovable Property (By Scheduled Tribes) Amendment Regulation, 2000 (hereinafter referred to as "the Amendment Regulation, 2000") and has prayed to declare the same as ultravires to the Constitution of India.

3. The facts of the case as stated in the writ petition in a nutshell are that on 02.01.2003, the petitioner and his family members had purchased the case land from the vendors

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