BRAHMANANDA MALLIK & ANR. Vs. ADDL. DISTRICT MAGISTRATE & ORS.

JUDGEMENT

(1.) CHALLENGE has been made in this Writ Petition to the Order Dated 17.12.2002 passed by the Addl. District Magistrate, Dhenkanal in OLR Appeal No. 3 of 2000 confirming the Order Dated 24.5.2000 passed by the Sub -Collector, Kamakhyanagar in OLR Case No. 7 of 1999 in a proceeding under Section 23 of the Orissa Land Reforms Act (in short, "the Act").

(2.) THE facts leading to the present Writ Petition are as follows:

(3.) LEARNED Counsel for Opp. Parties 3 and 4 supporting the impugned order submitted that the disputed property has already been recorded in the names of Opp. Parties 3 and 4. During pendency of the Writ Petition, Opp. Party No. 4 died and his legal heirs have been impleaded as parties to the Writ Petition. Since they are the owners of the property by purchasing the same through registered sale deed dated 7.1.1980, their names had been mutated and the ROR had been corrected and they were paying rent to the Government. Since the fact that they belong to the Scheduled Tribes is not disputed, the OLR authorities have rightly passed the order of eviction. He further submitted that a portion of the disputed land was taken over for construction of road. However, the rest part of the property is in possession of the owner -purchasers and they are in peacefully possession of the land from the date of purchase. The encroachers without any authority have put the wooden cabins for the last Seven years from the date of initiation of the proceeding. As such, they are liable to be evicted.