Pradhan Industries vs Unknown
2023 Latest Caselaw 386 Ori

           IN THE HIGH COURT OF ORISSA AT CUTTACK

                             W.P.(C). No.12382 of 2013
        Pradhan Industries                           ....                 Petitioner(s)
                                                                    Mr.S.Swain, Adv.

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


                CORAM:
                     JUSTICE BISWANATH RATH
                               ORDER

Order                         10.01.2023
No.
  8.     1.      Heard learned counsel appearing for the parties.

2. Undisputedly, there is involvement of a proceeding under Section 3 (B) of the Orissa Scheduled Areas Transfer of Immovable Property (By Scheduled Tribes) Amendment Regulation, 2000 involving a permission granted by the competent authority vide OSATIP Case No.173 of 1990. Question as to entertainability of Section 3(B) proceeding under the Orissa Scheduled Areas Transfer of Immovable Property (By Scheduled Tribes) Regulation (2 of 1965) has been settled through a judgment of this Court in the case of Jami Ramesh & Anr. Vs. State of Orissa & Ors, 2019 (II) OLR-94 clearly observing the amended provision since prospective, there is no question of reopening of the issue already taken effect by the date of amendment. This Court finds there is substance in the submission of Mr.Swain, learned counsel for the petitioner and further there is also support to the case of the petitioner through the judgment indicated hereinabove. As a consequence, this Court interferes in the order at Anenxure-8 and sets aside the same.

3. The writ petition succeeds.

(Biswanath Rath) Judge Sks