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Showing contexts for: synonymous caste in Revenue Officer & Ors vs Prafulla Kumar Pati & Ors on 17 January, 1990Matching Fragments
In this case, the transfers made by the respondent Nos. 2 and 5 in favour of respondent No. 1, Prafulla Kumar Pati who admittedly belongs to Brahmin caste are hit by the provisions of Section 22 of the said Act in as much as the previous permission in writing of the Revenue Officer had not been obtained to the alleged transfers. It has been submitted on behalf of the respondent Nos. 2 and 5 that they belong to Dhoba (Dhobi) community which is one of the Sched- uled Caste in the State of Orissa under the Scheduled Caste Order, 1950. It has been further contended that the father of the respondent No. 2 has been recorded as belonging to Dhoba community in the finally published record of rights which has been annexed as Annexure 'B' to these appeals. It has also been submitted on behalf of the respondent Nos. 2 and 5 that the caste certificates granted by the Tehsildar, Betanoti as well as by the two local M.L.As. clearly estab- lished that the respondent Nos. 2 and 5 belong to Dhoba community and as such they are Scheduled Castes. Much argu- ment has been advanced on the mentioning of the caste of these two respondents as 'Rajaka' in the alleged deeds on the ground that the caste 'Rajaka' as mentioned in the sale deeds did not find place in the List and instead the Caste 'Dhoba' appears in Item 26 of the List of Scheduled Castes in the State of Orissa under the Constitution of Scheduled Caste Order, 1950 as made under Article 341 of the Constitu- tion of India. It has been urged in this connection that the Caste 'Rajaka' as mentioned in the deeds can not be taken to be synonym of caste 'Dhoba' and no evidence can be adduced to that effect to prove that 'Rajaka' included within the notified caste, commentary of 'Dhoba' as held by the High Court.