- (1.) In this writ application under Article 226 of the Constitution of India, the petitioners have challenged, inter alia, the order dated 23.4.1999 passed by the Collector, Balasore-opposite party no.11 in O.L.R. Revision No.2 of 1988, vide Annexure-3, dismissing the same and thereby confirming the order dated 13.10.1988 passed by the Additional District Magistrate (LR), Balasore, opposite party no.10 in O.L.R. Appeal Case No.4 of 1984, vide Annexure-2. By the said order, the opposite party no.10 allowed the appeal and set aside the order dated 27.7.1984 passed by the Sub- Divisional Officer, Balasore-opposite party no.9 in O.L.R. Misc.9 of 1981, wherein it was held that the opposite parties 1 to 8 do not belong to scheduled tribe.
(2.) Sans details the case of the opposite party nos.1 to 8 is that Ram Chandra Ram the predecessors in interest laid an application before the Sub-Divisional Officer, Balasore-opposite party no.9 under Section 23 of the Orissa Land Reforms Act (hereinafter referred to as "O.L.R.Act") praying for declaration that the sale deed dated 10.3.1971 executed in favour of Ram Chandra Behera, the predecessors in interest of the petitioners as void on the ground that the said sale deed was obtained from the applicant and his brother Purna Chandra Ram without obtaining the permission as required under Section 22 of the OLR Act and no consideration whatsoever was paid. The said application was registered as O.L.R. Misc. 9 of 1981. Pursuant to issuance of notice, the petitioners entered appearance and filed show cause denying the assertions made in the petition. It was stated that Ram Chandra Ram belongs to 'Uran' caste and was not scheduled tribe. Valid consideration money was paid. Further the objection case filed before the Consolidation Authorities was dismissed. It is further stated that after purchase, the land was mutated in favour of the vendee, whereafter final record of rights was published.
(3.) By order dated 27.7.1984, the Sub-Divisional Magistrate, Balasore-opposite party no.9 dismissed the case. Aggrieved by the said order, Ram Chandra Ram filed O.L.R. Appeal Case No.4 of 1984 before the Additional District Magistrate (LR), Balasore-opposite party no.10, which was allowed on 13.10.1988. The appellate authority held that 'Oran' and 'Uran' are common pronunciation in Oriya and, as such, the applicant belongs to scheduled tribe. The petitioners unsuccessfully challenged the said order before the Collector, Balasore in O.L.R. Revision No.2 of 1988, which was eventually dismissed.;