GOPAL BARIHA Vs. SATYANARAYAN DAS

JUDGEMENT

(1.) The petitioner, a member of Scheduled Tribe assails the order of the revisional authority arising out of a proceeding under S. 23 of the Orissa Land Reforms Act (hereinafter referred as 'the O.L.R. Act').

(2.) The opposite party No. 2 is a member of Scheduled Tribe had purchased the disputed property comprising of an area of A.O. 22 dec. of land in village Padhel on 25-8-1975. According to the petitioner, though the sale deed stands in the name of opposite party No. 2, the real transferee was opposite party No. 1 who belongs to a non-Scheduled Tribe. On these allegations a petition was filed under S. 23 of the O.L.R. Act praying for restoration of possession.

(3.) The opposite parties 1and 2 appeared and according to them opposite party No. 2 was the real purchaser and the transfer being from one Scheduled Tribe member to another Scheduled Tribe member, no permission was required before such transfer.