Golap Bhatra @ Kollar vs Addl. District Magistrate
2023 Latest Caselaw 1752 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                WP(C) NO.870 OF 2012

            Golap Bhatra @ Kollar                    ....             Petitioner

                                                               Mr.A.Das, Adv.

                                         -versus-


            Addl. District Magistrate,               ....      Opposite Party(s)
            Nabarangpur & ors.
                                                             Mr.S.Ghosh, AGA

                      CORAM:
                      JUSTICE BISWANATH RATH
                                         ORDER

23.2.2023 Order No.

12. 1. Heard learned counsel for the Parties.

2. This Writ Petition involves a challenge to the orders passed

in exercise of power under Section 3(b) of OSATIP (By Scheduled

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

3. At the threshold a submission is made taking resort to a

Division Bench judgment of this Court in the case of Jami Ramesh

& anr. Vrs. State of Orissa & ors. reported in 2019 (II) OLR-94

holding therein that there is no retrospectivity to the Amendment

Regulation, 2000, inter alia, observing no development taking place

prior to 2000 can be re-opened, that the same covers the case of the

Petitioner and requests for interfering in the impugned order.

// 2 //

4. 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 with both orders at Annexure-2 &

3 and sets aside the same.

5. In the result, the Writ Petition succeeds.

(Biswanath Rath) Judge M.K.Rout