It is this order of the Orissa High Court which is being challenged in this appeal.
The said Revenue Officer held the necessary enquiry under Sub Section 2 of Section 23 and by order dated 28.2.83 declared the sale to be invalid.
Respondent number1 who is a companysharer of the vendors of the aforesaid Sale Deed filed a Petition invoking the jurisdiction of the Revenue Officer under Section 23 of the Orissa Land Reforms Act hereinafter referred to as The Act alleging therein that the transfer in question being in companytravention of Sub Section 1 of Section 22 is void and, therefore, the vendor should be put back in possession.
While companying to the aforesaid companyclusion the Revenue Officer rejected the companytention that the vendors are number Scheduled Caste persons and also recorded the finding that the lands in question companyld be governed by Orissa Land Reforms Act numberwithstanding the fact that the land is situated within the municipal limits of the Cuttack Town.
The aforesaid order of the Revenue Officer was assailed in appeal before the Additional District Magistrate, Cuttack, but the appeal was dismissed by order dated 7.6.83.
The matter was then carried in revision to Special Officer Land Reforms, Cuttack, and the said Special Officer allowed the Revision by order dated 31.12.1983 on a companyclusion that Land Reforms Act does number apply to urban land.
Respondent No.
The disputed land measuring 2.133 acres is situated on periphery of Cuttack Town and the said land was sold by a Registered Sale Deed dated 24.6.1966, in favour of number scheduled caste persons by persons alleged to be belonging to Scheduled Caste.
1 filed a Writ Petition assailing the aforesaid order of the Special Officer Land Reforms, Cuttack and by the impugned judgment dated 4.7.85 the High Court after analysing different provisions of the Act, more particularly, the definition of Land in Section 2 14 of the Act came to the companyclusion that the situation of the land within the urban area is number a relevant companysideration to determine whether the particular land companyes within the purview of the Land Reforms Act or number.
PATTANAIK,J. This appeal is directed against the judgment dated 4.7.85 of the Orissa High Court whereunder the High Court has companye to the companyclusion that the agricultural lands even within the municipal area will companye under the purview of the Orissa Land Reforms Act.
