The classification of land as non-transferable was overturned when evidence indicated it was transferable under sthitiban status, reaffirming the necessity to review administrative classifications.

JUDGMENT :

ANANDA CHANDRA BEHERA, J.

1. Heard only from the learned counsel for the petitioner (deity) and the learned Standing Counsel for the Opposite Party No.1, as none appeared from the side of the Opposite Party Nos. 2 and 3 for participating in the hearing this writ petition.

2. This writ petition under Articles 14, 226 and 227 of the Constitution of India, 1950 has been filed by the petitioner (deity) praying for quashing the final order dated 26.11.2002 (Annexure-1) passed in R.P. Case No.3583 of 2002 by the Director of Consolidation, Orissa, Cuttack (Opposite Party No.1) under Section 37 (2) of the OCH & PFL Act 1972.

3. It is the case of the petitioner (deity) that, the petitioner (deity) had purchased Ac.0.15 decimals out of Ac.0.30 decimals land of Hal Plot No.390 under Hal Khata No.262 from one of the recorded tenant thereof, namely Sridhar Barik, Son of Radhu Barik through RSD No.2551 dated 09.07.1982 (Annexure-3) and filed revision under Section 37 (2) of the OCH & PFL Act, 1972 vide R.P. Case No.3583 of 2002 before the Opposite Party No.1 (Director of Consolidation, Orissa, Cuttack) praying for recording the above purchased land of the petitioner (deity) in the name of the deity (petitioner).

4. After hearing from both the sides, the Director of Consolidation, Orissa Cuttack (Opposite Party No.1) dismissed the revision vide R.P. Case No.3583 of 2002 of the petitioner (deity) on dated 26.11.2002 (Annexure-1) assigning the reasons that, “originally, the case land was recorded in the name of Radhu Barik son of Late Bhagi Barik under Sabik Khata No.180 as “Desahata Bhandari Jagiri” land. Giridhari Barik and Sridhar Barik are the two sons and successor of Radhu Barik. As per law “Desahata Bhandari Jagiri” land are non-transferable land. When the case land being the “Desahata Bhandari Jagiri” land is non- transferable land, for which, the sale deed No.2551 dated 09.07.1982 executed by Sridhar Barik in favour of the petitioner (deity) in respect of the case land is void. Because, the case land being “Desahata Bhandari Jagiri” land is non-transferable land. For which, the Opposite Party No.1 refused to record the case land in the name of the petitioner (deity) and dismissed the revision vide R.P. Case No.3583 of 2002 on dated 26.11.2002 (Annexur-1) of the petitioner (deity).”

To which, the petitioner (deity) challenged, by filing this writ petition praying for quashing of the said impugned order dated 26.11.2002 (Annexure-1) passed in R.P. Case No.3583 of 2002 by the Director of Consolidation, Orissa, Cuttack (Opposite Party No.1).

5. Undisputedly, the petitioner (deity) is the purchaser of Ac.0.15 decimals land out of Ac.0.30 decimals land of Hal Plot No.390 under Hal Khata No.262.

6. It is well evident from the Hal RoR vide Khata No.262 (Annexure-2) that, the said Hal Khata No.262 containing Hal Plot Nos.390 and 396 was prepared under sthitiban status in the name of Giridhari Barik and Sridhar Barik sons of Rudra Bark with specific indications therein that, the Tahasildar, Jagatsinghpur has settled the said lands of Khata No.262 in the name of Giridhari Barik and Sridhar Barik sons of Rudra Barik in OEA Case No.3696 of 1984 as their STHITIBAN LAND.

7. When, it appears from the Hal RoR vide Khata No.262 that, the case Plot No.390 was the sthitiban as well as transferable land of Giridhari Barik and Sridhar Barik sons of Radhu Barik as per the settlement made in OEA Case No.3696 of 1984 by the Tahasildar, Jagatsinghur, then at this juncture, the observations made by the Director of Consolidation, Orissa, Cuttack (Opposite Party No.1) in the impugned order dated 26.11.2002 (Annexu