AIR 1990 SUPREME COURT 727 ::1990 UJ(SC) 1 390 ::1990 (2) SCC 162 ::(1990) 69 Cut LT 732 ::(1990) 1 JT 155 (SC) ::1990 (1) JT 155

Supreme Court Of India

(From :1986 (2) Orissa LR 130)

Hon'ble Judge(s): B. C. Ray, K. Jayachandra Reddy , JJ

Orissa Land Reforms Act (16 of 1960) , S.22, S.23— Constitution of India , Art.341— Constitution (Scheduled Castes) Order (1950) , Item.26— Caste 'Dhoba' is Schedule Caste in Orissa - Caste "Rajaka" is synonym of caste "Dhoba" - Sale by person belonging to this caste to person of Brahmin caste - Previous permission of Revenue Office not obtained - Sale is illegal. (1986) 2 Orissa LR 130, Reversed.Schedule Caste - 'Dhobi' - Rajaka is synonym of Dhobi. Section 22 clearly enjoins that a person belonging to Scheduled Tribe cannot make a valid transfer of his lands in favour of a person not belonging to the Schedule Tribe without obtaining the previous permission in writing of the Revenue Officer to such transfer. Sub-section (5) of the said section further provides that the provisions contained in sub-sections (1) to(4) shall apply, mutatis mutandis to the transfer of holding or part thereof is in question, the burden of proof that the transfer was valid shall notwithstanding anything contained in any other law for the time being in force, lie on the transferee.(Para 11) AIR 1965 SC 1269, Foll. (1986) 2 Orissa LR 130, Reversed. It is pertinent to mention that 'Rajaka' is the literal synonym for the word 'Dhoba' and according to the Purna Chandra Oriya Bhasakosh which is a recognised auth....