JUDGMENT : P.C. Misra, J. - Both these writ applications arise out of a proceeding started u/s 23 of the Orissa, Land Reforms Act, 1960 (hereinafter referred to as the Ace). The points involved common questions of fact and law for which reason both the cases were heard analogously. This common judgment will dispose of these two writ applications. 2. The original Petitioner in O.J.C. No. 2463/81, since dead and substituted by his legal representatives, who have been described as Petitioners l/a to 1/i, purchased AC. 50 decimals of land appertaining to plot No. 213 in Khata No. 2/38 by a registered sale deed dated 27-2-1964 from opp. party No. 5 and his three brothers, namely, Bharat Naik, Bhagabat Naik and Gandhi Naik. The Petitioner in the other writ application (O.J.C. No. 2464/81) purchased AC. 60 decimals of land out of the same plot on the same day by a registered sale deed from the very same persons and each of the Petitioners alleged to be continuing in possession of their respective purchased lands with effect from their date of purchase. In the year 1976 opp. party No. 5 applied to the Tahasildar, Champua u/s 23 of the Act for restoration of possession of the lands covered under the aforesaid two sale deeds on the ground that he and his brothers being members of the Scheduled Tribe and the purchasers being persons not belonging to the Scheduled Tribe the transfers were void in the absence of previous permission in writing of the Revenue Officer having jurisdiction over the area as is required u/s 22 of the Act. The Tahasildar after hearing the parties dropped the proceeding on the ground that the restriction on alienation of land by a Scheduled Tribe contained in Section 22 of the Act would not affect the transfers in question as the same were pre-Act transfers. The present opp. party No. 5 preferred an appeal to the Addl. District Magistrate, Keonjhar praying to set aside the order passed by the Tahasildar and the said appellate authority remanded the case to the Subdivisional Officer, Champua holding that the Tahasildar had no jurisdiction to entertain an application u/s 23 of the Act. The Subdivisional Officer, Champua considered the applications of opp. party No. 5 registering two different Misc. Cases and rejected the prayer of opp. The Subdivisional Officer, Champua considered the applications of opp. party No. 5 registering two different Misc. Cases and rejected the prayer of opp. party No. 5 on the ground that the transfers in question having been made prior to 1-l0-1965 when the O.L.R. Act came into operation, the transfers were not void for want of permission from the Revenue Officers. 3. Against the aforesaid order opp. party No. 5 preferred two appeals before the Addl. District Magistrate. Keonjhar who in its final order held that even though the restriction spelt out in Section 22 of the Act was not applicable to the transfers in question they having been made much prior to the Act coming into force, the transfers would be still invalid as Section 7(b) of the Merged States (Laws) Act, 1950 (Orissa Act IV of 1950) imposes a similar restriction that any transfer of a holding by a member of aboriginal Tribe to a member of non-aboriginal Tribe shall be held void unless the transfer is made with the previous permission of the Subdivisional Magistrate concerned. The Petitioners in these cases preferred revisions before the Revenue Divisional Commissioner Sambalpur which eventually got transferred to the Collector for disposal. The Collector in both the revisions confirmed the order of the Subdivisional Magistrate holding that the transfers are hit by Section 7.(b) of the Orissa Merged States' (Laws) Act. 1950 and, therefore, relief u/s 23 of the Act was rightly granted in favour of the present opp. party No. 5. The Petitioners in these writ applications have prayed for quashing the appellate order passed by the Additional District Magistrate and the revisional order passed by the Collector marked in each of the cases as Annexures 4 and 5 respectively. 4. It appears that there has been some confusions as regards the scope and applicability of Section 23 of the Act. As already stated. Section 22 of the Act imposes a restriction on alienation of a land by a Scheduled Tribe to a person not belonging to a Scheduled Tribe and provides that such transfers would be void unless the same is made with the previous Permission in writing of the Revenue Officer Section 23 enumerates the effect of any transfer in contravention of Section 22 of the Act. It says in the case of any transfer in contravention of the provisions of Sub-section (2), of Section 22, the Revenue Officer on his own information, or on the application of any person interested in the land may issue notice in the prescribed manner calling upon the transferor and transferee to show cause why the transfer should not be declared invalid. He may also impose penalty on the transferee after giving an opportunity to show cause and to be heard and making such enquiry as be deems fit. Therefore, transfer in contravention of any other law would normally not come within the purview of Section 23 of the Act. Section 23-A was introduced by the Act 44 of 1976 in the O.L.R, Act, which provides that where any person is found to be unauthorised occupation of the whole or part of a holding belonging to a Scheduled Caste or Scheduled Tribe within any part of the State other than a Scheduled Area by way of trespass or otherwise the Revenue Officer may either on application by the owner or any person interested therein or on his own motion and after giving the parties concerned an opportunity of being heard, order eviction of the person so found to be in unauthorised occupation and shall cause restoration of the property to the said owner or to his heir in accordance with the provisions contained in Sub-section (3) of Section 23. Thus, the transfer by a person belonging to a Scheduled Caste or Scheduled Tribe in favour of a person belonging to a non-Scheduled Caste or non-Scheduled Tribe, if prohibited by any other law in force may come within the scope of Section 23-A of the Act, as such a transferee may be called to be in unauthorised occupation of the property within the meaning of the said Section. It would, therefore, be necessary in this case to find out if the present Petitioners or the transferees have been in possession of the properties in question by virtue of transfers prohibited by any law on the date of transfers. It would, therefore, be necessary in this case to find out if the present Petitioners or the transferees have been in possession of the properties in question by virtue of transfers prohibited by any law on the date of transfers. The Collector in its revisional order has held that the restriction for transfer of a holding by a member of an aboriginal tribe to a member of non-aboriginal tribe u/s 7(b) of the Orissa Merged States (Laws) Act, 1950 would apply to the transfers impugned in these a cases as the tribe to which the transferers belong were notified by Notification No. 24507 dated 22-5-1962 which came into effect from 1-6-1962, to be aboriginal tribes. Consequently the Collector held that the transfers having been made subsequent to the notification coming into force, the restriction in Section 7(b) of the Orissa Merged States' (Laws) Act would have full application. 5. During the course of argument it has been brought to our notice that the clause in Section 7(b) of the Orissa Merged States' (Laws) Act, 1950 that no transfer of a holding by a member of aboriginal tribe to a member of non-aboriginal tribe shall be valid unless the transfer is made with the previous permission of the Subdivisional Officer concerned," has been repealed by Orissa Regulation 2 of 1956. The said Regulation imposes a similar restriction in Clause 3 thereof, but it provides that it would be applicable to transfers of immoveable property situated within the "scheduled areas". The phrase "Scheduled Areas'" as it stood in the aforesaid Regulation before its amendment by Regulation 1 of 1979 was defined to mean "Scheduled Areas" specified in respect of the State of Orissa in the Scheduled Areas (Part A States), Order, 1950. The District of Keonjhar was not specified as one of the Scheduled Areas in the aforesaid Order of 1950. By Regulation 1 of 1979 the definition of "Scheduled Areas'" was changed to include the "areas specified in respect of the State of Orissa in the Scheduled Areas (States of Bihar, Gujrat, Madhya Pradesh and Orissa) Order 1977" and we are told that by a Notification in the year 1977 the district of Keonjhar was specified as a Scheduled Area. By Regulation 1 of 1979 the definition of "Scheduled Areas'" was changed to include the "areas specified in respect of the State of Orissa in the Scheduled Areas (States of Bihar, Gujrat, Madhya Pradesh and Orissa) Order 1977" and we are told that by a Notification in the year 1977 the district of Keonjhar was specified as a Scheduled Area. Therefore the restrictions on transfer by a member of aboriginal Tribe to a non-aboriginal tribe which was originally therein the Orissa Merged States' (Laws) Act, 1950 was lifted by repeal of the said provision in the year 1956 by Regulation 2 of 1956 and during the time when the transfers in question took place, there was no par in law requiring permission of any authority as a condition precedent. No other provision of law has been brought to our notice by the learned Counsel appearing for the opp. parties which imposed a restriction for such transfers during the relevant period of the lands situated in the district of Keonjhar. The conclusion is therefore, irresistible that the transfers effected by opp. party No. 5 and his brothers in favour of the Petitioners in the year 1964 was not hit by any bar of law and therefore, the possession of the transferees cannot be unauthorised within the meaning of Section 23-A of the Act. 6. In the result, the appellate order and there visional order in Annexures-4 and 5 respectively in each of the aforesaid cases are quashed and the writ applications are accordingly allowed. No costs. H.L. Agrawal, C.J. 7. I agree. 8. Applications allowed. Final Result : Allowed