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2023 Supreme(Ori) 289

IN THE HIGH COURT OF ORISSA AT CUTTACK
BISWANATH RATH
Bhuban Dombo @ Bhuban Harijan – Appellant
Versus
District Magistrate-cum-Collector, Nabarangpur – Respondent


Advocates Appeared:
For the Petitioner: M/s. S.K.Nayak-2, U.K.Barik, S.S.K.Nayak
For the Respondent:Mr.S.Ghose, Addl. Govt. Advocate, Mr.T.K. Mishra D.Dash.

Table of Content
1. challenge to orders under orissa land reforms act. (Para 1)
2. arguments on application of section 23-a. (Para 2)
3. court analysis on prospective nature of section 23-a. (Para 3)
4. writ petition is granted, impugned orders declared bad. (Para 4)

JUDGMENT :

This writ petition involves a challenge to the orders at Annexures- 2, 3 and 4 respectively passed by the competent authorities under the provision of the ORISSA LAND REFORMS ACT .

3. Learned State Counsel however did not have any objection in view of prospective nature of legislation, action involved preintroduction of legal provision further in view of the legal pronouncement by this Court. This Court finds in paragraph-7 of the above judgment, the Single bench came to observe as follows:-

“23-A. Eviction of person in unauthorised occupation of property:—

Mr. Acharya contends that since the sale is declared to be invalid, the possession of defendant No. 1 must be held to be unauthorised in the eye of law and, therefore, such a person can be evicted by the Revenue Officer under section 23-A of the ORISSA LAND REFORMS ACT . Section 67 of the ORISSA LAND REFORMS ACT provides:—

Save as otherwise expressly provided i

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