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ORISSA HIGH COURT
RAMANIMANI BEHERA – Appellant
Versus
COLLECTOR MAYURBHANJ – Respondent
JUDGMENT :
A.C. Behera, J.
This writ petition under Articles 226 and 227 of the Constitution of India, 1950 has been filed by the petitioner praying for quashing of the impugned order dated 24.06.2014(Annexure-3) passed in OLR Appeal No.05 of 2013 by the Additional District Magistrate, Mayurbhanj(Opposite Party No.2) and the impugned order dated 23.04.2015 (Annexure-4) passed in OLR (Revision) Case No.02 of 2014 by the Collector, Mayurbhanj(Opposite Party No.1).
2. The factual backgrounds of this writ petition, which prompted the petitioner for filing the same is that, the case land originally belonged to the predecessors of the Opposite Party Nos.4 and 5, i.e., Bhagabata Behera and Sambhu Behera. The RoR of the case land was prepared in the name of the aforesaid predecessors of the Opposite Party Nos.4 and 5.
The predecessors of the Opposite Party Nos.4 and 5, i.e., Bhagabata Behera and Sambhu Behera as well as Opposite Party Nos.4 and 5 belong to Schedule Caste community having their Sub-caste “Chamara”.
The petitioner belongs to general caste community having her Sub-caste “Kumbhara”. The sale deeds vide RSD No.1994 dated 06.06.1969 and RSD No.4644 dated 11.11.1972 in respect of the
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.
Compliance with statutory requirements under the OLR Act is mandatory for granting permission to sell land; refusals based on conjecture are not sustainable.
The failure to provide a reasonable opportunity to a party in the proceedings contravenes the principles of natural justice, rendering the order invalid.
Dismissal of land conversion application deemed unsustainable due to contradictions with prior court findings.
The Competent Authority under the OLR Act had the jurisdiction to pass the order, and the Civil Court's jurisdiction was ousted.
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.
Civil courts retain jurisdiction to adjudicate title and possession claims despite tenant assertions under the Orissa Land Reforms Act, confirming earlier findings as binding.
The court concluded that the respondent lacked jurisdiction to revisit the validity of the sale deed during mutation proceedings, reaffirming that such matters should be handled by competent legal au....
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