04. uks 10.07.2019 This petition challenges the order dated 29.09.2009, passed by the Sub-Collector, Gunupur in OSATIP Case No.59 of 2009 initiated under Section 3(A)(1) of Regulation-2 of 1956 r/w Section 3-B(2) of Amendment Regulation, 2000. Learned counsel for the petitioner submits that the vires of Section 3(B) of the Orissa Scheduled Areas Transfer of Immovable Property (By Scheduled Tribes) Amendment Regulation, 2000 was challenged before this Court. A Division Bench of this Court in Jami Ramesh v. State of Orissa (WPC No.14733 of 2006 disposed of on 12.4.2019) held that Amendment Regulation, 2000 will have a prospective effect. The matter was remitted back to the authority concerned. He submits that the impugned order may be set aside and the matter be remitted back to the Sub-Collector, Gunupur. Section 3-B of the Orissa Scheduled Areas Transfer of Immovable Property (By Scheduled Tribes) Amendment Regulation was inserted into the statute book by way of amendment Regulation, 2000. The vires of the same was challenged before this Court in a batch of writ petitions. The Division Bench of this Court allowed the petitions. The operative portion of the order is quoted hereunder: “1. We clarified that the Amendment Regulation, 2000 will have a prospective WPC No.19412 of 2009 2 effect. 2. The impugned order passed on the basis of the Amendment Regulation, 2000 is required to be set aside and the same is accordingly set aside. 3. The matter is remitted back to the authority concerned and the petitioners are directed to appear before the concerned authority in the first week of June, 2019 and file their replies. The authority will consider and decide the matter within six months from the date of receipt of such replies. 4. The possession of the petitioners will not be disturbed till the matter is heard by the authority.” The law laid down by a Division Bench of this Court in Jami Ramesh proprio vigore applies to the facts of the case. In view of the same, the impugned order is quashed. The matter is remitted back to the Sub- Collector, Gunupur for de novo hearing. In order to avoid further delay, the petitioner shall appear before the Sub-Collector, Gunupur on 30th July, 2019 at 11.00 A.M, on which date he will issue notice to the parties and conclude the hearing of the case within a period of three months thereafter. The petition is disposed of. ……………………… Dr.A.K.Rath, J. 3 4 5 6 BK B