Susama Moharana vs Unknown
2022 Latest Caselaw 7348 Ori

           IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 W.P.(C). No.17070 of 2009
        Susama Moharana                             ....                Petitioner(s)
                                                               Mr.D.R.Bhokta, Adv.

                                         -versus-
        State of Orissa & Ors.                      ....                Opp.Party(s)
                                                                 Mr.S.Ghose, AGA


                CORAM:
                     JUSTICE BISWANATH RATH
                               ORDER

Order                         13.12.2022
No.
  4.     1.      This writ petition involves a challenge to the order passed
         in exercise of power under Section 3(b)              of OSATIP     (By

Scheduled Tribes) Amendment Regulation, 2000 by the non- scheduled Tribe.

2. At the threshold a submission is made taking resort to a Division Bench judgment of this Court in the case of Jami Ramesh & Anr. Vs. State of Orissa & Ors, 2019 (II) OLR-94 holding there is no retrospectivity to the amendment Regulation, 2000 interalia observing no development taking place prior to 2000 can be reopened stands covering the case of the petitioner and requests for interfering in the impugned order.

3. In the circumstance, for initiation of proceeding in 2009, for the support of the case law to the case at hand, this Court finds initiation of proceeding involved herein becomes bad. As a consequence, this Court interferes in the order at Annexure-5 and sets aside the same.

4. In the result, the writ petition succeeds.

(Biswanath Rath) Judge Sks