RAGHUNATH PRADHANI vs DAMODRA MAHAPATRA AND ORS.

The Supreme Court held that under Clause 6 of the Orissa Scheduled Areas Transfer of Immovable Property by Scheduled Tribes Regulation 2 of 1956, no immovable property belonging to a member of a scheduled tribe can be attached or sold without prior permission from the competent authority. The Court found that the attachment order was void, and thus the subsequent auction sale was invalid as the judgment debtor had no saleable interest left in the property. The appeal was allowed, reversing the High Court's decision which had accepted the contention of res judicata.