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2024 Supreme(Online)(ORI) 516

ORISSA HIGH COURT
MUNDA GUDIA TULA – Appellant
Versus
ISHAN KR. PAUL – Respondent


JUDGEMENT

08.05.2024 Chakradhari Sharan Singh, CJ. The present intra-Court appeal has been filed under Clause 10 of the Letters Patent Appeal of the High Court of Patna read with Clause 4 of the Orissa High Court Order, 1948 assailing an order Page 3 of 20 dated 18.10.2000 passed by a learned Single Judge in a writ petition i.e. OJC No.4774 of 1999 whereby a learned Single Judge of this Court has quashed an order dated 30.01.1993 passed by the respondent No.4, whereby he had declared a sale deed dated 19.03.1964 as void with a direction for restoration of the land in favour of the appellant herein.

2. The foundational facts relevant for adjudication of the present case are not all in dispute. The appellant is a member of the Schedule Tribe (in short, „ST‟). Her father-in-law, also a member of the ST owned an immovable property admeasuring 6.47 acres (in short „land in question‟). The appellant had made an application before respondent No.4 with an allegation that the land in question was under unlawful occupation of respondent No.6 (not a member of ST). In a proceeding under the provisions of the Odisha Scheduled Areas Transfe





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