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2021 Supreme(Ori) 83

SANJU PANDA, KRUSHNA RAM MOHAPATRA
Dinabandhu Ekka – Appellant
Versus
State of Odisha – Respondent


Advocates Appeared:
For the Appellant : Sidharth Mishra, S.K. Sahoo, A. Hussen and S.S. Chaini
For the Respondents:R.K. Mohanty, Senior Advocate, Sumitra Mohanty, S.N. Biswal, K. Mohapatra, T.R. Mohanty and Additional Government Advocate

JUDGMENT :

Krushna Ram Mohapatra, J.

1. This Intra Court appeal has been filed assailing the order dated 14.08.2019 passed by learned Single Judge in W.P.(C) No. 16365 of 2018, whereby, he dismissed the writ petition and confirmed the orders passed by the authorities under the Orissa Scheduled Areas Transfer of Immovable Property (By Scheduled Tribes) Regulations, 1956 (for short, "the Regulations").

2. Mr. Sidharth Mishra, learned counsel for the appellants narrating backdrop of the case necessary for proper adjudication of the appeal submitted that the dispute revolves around a piece of land pertaining to Sabik Plot No. 482 measuring Ac. 0.36 decimals and Plot No. 480 measuring Ac. 1.45 decimals under Sabik Khata No. 37 of mouza-Durgapur P.S. Uditnagar in the district of Sundargarh (for short, 'the case land').

3. The case land originally stood recorded in the name of one Gudru Oram, the ancestor of the appellants, who belong to Scheduled Tribe Community. Said Gudru Oram died leaving behind two sons, namely, Bandhu and Gosein. Gosein died issueless. Bandhu died leaving behind four sons, namely, Bisu, Tunia, Godro and Chama. Tunia died leaving behind his widow, Dulia. All of them file

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