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ORISSA HIGH COURT : CUTTACK
ANANDA CHANDRA BEHERA
Srikrishna Ray – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. petitioner's request against imposed sale conditions (Para 1 , 2 , 3 , 4 , 5) |
| 2. condition for equal land purchase deemed redundant (Para 6 , 8 , 10) |
| 3. legal sustainability of purchase condition questioned (Para 7 , 9) |
| 4. partial allowance of writ petition (Para 11 , 12) |
| 5. final disposal of the writ petition (Para 13) |
JUDGMENT :
1. This writ petition under Articles 226 and 227 of the Constitution of the India, 1950 has been filed by the petitioner praying for quashing the imposed condition in the permission for sale granted in his favour under Section 22 of the OLR Act, 1960 on dated 21.06.2022 (Annexure 10) in OLR Case No.14 of 2020 and to allow the petitioner to sell his properties without any condition only on the basis of as usual 10% increase of Bench Mark Valuation.
In order to meet the expenditures of his self-medical treatments, he (petitioner) gave proposal for sale of his properties indicated in the Annexure 10 to the local persons of S.C. and S.T. Community first, but, nobody from the local S.C. and S.T. community was interested to purchase the same. Thereafter, without getting any way, he (petitioner) gave proposal for sale of the same to the local general
The court found that a condition imposed on property sale permission that contradicted its purpose for medical expenses was legally unsustainable and redundant.
Compliance with statutory requirements under the OLR Act is mandatory for granting permission to sell land; refusals based on conjecture are not sustainable.
Sale deeds executed without permission under Section 22 of the OLR Act are void ab initio, and possession claimed based on such deeds cannot establish title through adverse possession.
The failure to provide a reasonable opportunity to a party in the proceedings contravenes the principles of natural justice, rendering the order invalid.
The Odisha Land Reforms Act applies to urban homestead lands, and prior permission is required for their transfer, upholding the registering authority's jurisdiction to refuse registration for lack o....
Dismissal of land conversion application deemed unsustainable due to contradictions with prior court findings.
The validity of a sale deed must be backed by necessary permissions under the relevant Acts, and any sale deed in contravention of the statutory provisions is void.
The transfer of land mortgaged to a Scheduled Bank is exempt from restrictions under Section 22 of the OLR Act, allowing the Petitioner to effectuate a valid mutation as auction purchaser.
Section 23-A of the Orissa Land Reforms Act is prospective, and proceedings initiated concerning pre-enactment transactions are not maintainable.
The authority to classify castes as Scheduled Castes lies solely with the Presidential Notification, and no other authority has jurisdiction to alter this classification, confirming the decision agai....
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