Markand Bisoyi vs Unknown
2023 Latest Caselaw 607 Ori

           IN THE HIGH COURT OF ORISSA AT CUTTACK

                                W.P.(C). No.17341 of 2011
        Markand Bisoyi                             ....                Petitioner(s)
                                                                 Mr.B.Baral, Adv.

                                        -versus-
        Collector, Ganjam & Ors.                   ....                Opp.Party(s)
                                                                Mr.S.Ghose, AGA


                CORAM:
                     JUSTICE BISWANATH RATH
                               ORDER

Order                         18.01.2023
No.
  7.     1.     This writ petition involves a challenge to the order passed
         in exercise of power under Section 3(A)             of OSATIP     (By
         Scheduled Tribes)      Regulation, 1956 (Orissa Regulation 2 of
         1956) by the non-scheduled Tribe.

2. For the settled position of law that there cannot be re- opening of the proceeding under Section 3(A) of OSATIP (By Scheduled Tribes) Regulation 2 of 1956 involving the permission prior to such provision brought on record, this Court finds the case is squarely covered by the Division Bench judgment of this Court in the case of Jami Ramesh & Anr. Vs. State of Orissa & Ors, 2019 (II) OLR-94.

3. In the circumstance, for initiation of proceeding in 2010 involving a prior transaction and 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 dated 24.05.2011 vide Annexure-1 and sets aside the same.

4. In the result, the writ petition succeeds.

(Biswanath Rath) Judge Sks