The Court quashed impugned orders directing restoration of land sold within one year. It found no restriction on the manner of sale and held the reason for restoration improper, allowing the petition.
The impugned orders directing restoration of the disputed land were interfered with and set aside.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) NO.868 OF 2007
Smt. Laxmi Pradhan
Petitioner
Mr.M.K.Mohapatra, Adv.
-versus-
Collector, Koraput & Ors.
…. Opposite Parties
Mr.U.K.Sahu, ASC for O.Ps.1 & 2 Mr.D.R.Bhokta, Adv. for O.P.3(a)
CORAM: JUSTICE BISWANATH RATH
ORDER 27.10.2021
Order No.
Page 1 of 2
// 2 //
Vendor by Mr. Bhokta, learned counsel for O.P.3(a), who also fairly submitted that the Petitioner is also in possession of the disputed property since its transfer by the Vendor. Taking into account the grounds stated herein, this Court finds, the sole ground directing restoration of the disputed land remaining involves a sale transaction within one year of purchase. Looking to the provision protecting the interest of the Tribal People, this Court finds, there is no restriction in the manner of sale. In the circumstance, this Court finds, the reason assigned in the direction for restoration of the disputed land is improper. Otherwise also the Petitioner is in enjoyment of an interim protection by way of permission to approach this court in the event step for restoration of the land is taken. Undisputedly, the Petitioner is in possession of the disputed land.
(Biswanath Rath) Judge
M.K.Rout
Page 2 of 2
2 issues framed by the court
Whether the impugned orders directing restoration of land due to a sale within one year are sustainable.
Whether the reason assigned for restoration, alleging restriction on land disposal, is proper given the lack of such restriction.
1 provisions across 1 enactments
Laxmi Pradhan
Collector, Koraput
BISWANATH RATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
