Cuttack: The Orissa High Court has ruled that Scheduled Caste (SC) and Scheduled Tribe (ST) status granted in one state cannot automatically be claimed in another state, holding that the classification of communities is governed by state-specific Presidential notifications.
The ruling came while hearing a petition filed by Binoy Krishna Das, a resident of Jharkhand, challenging the refusal of revenue authorities in Odisha’s Mayurbhanj district to register a land sale deed.
In its October 16 judgment, Justice Sashikanta Mishra observed that a person migrating to another state does not automatically carry the SC or ST status enjoyed in the state of origin. The person’s status in the destination state is determined by the Presidential notification applicable to that state, the court clarified.
Das belongs to the Bhuiya community, which is notified as a Scheduled Caste in Jharkhand and a Scheduled Tribe in Odisha. The court held that he could not claim SC status in Odisha because the community was not notified as an SC there. However, he could not automatically be treated as an ST member merely because Bhuiya is listed as a Scheduled Tribe in Odisha.
The case concerned 0.14 acre of land owned by Das in Gangraj village under Kuliana tehsil in Mayurbhanj district. He had sold the property to a Scheduled Caste buyer for Rs 10 lakh to meet medical expenses and repay a loan.
After receiving the payment and handing over possession, Das presented the sale deed for registration on March 17, 2026, after paying the requisite stamp duty and registration fees. However, the sub-registrar refused to register the deed.
The district registrar-cum-additional district magistrate subsequently upheld the refusal, stating in an April 23 letter that prior permission was required under Odisha Regulation 2 of 1956, which governs the transfer of tribal land.
Allowing Das’s petition, the High Court quashed the ADM’s letter, ruling that the restriction could not be imposed on him on the basis of his community’s classification in Odisha.
The court directed the sub-registrar-cum-tehsildar, Kuliana, to register the sale deed within three days of receiving a certified copy of the judgment, subject to compliance with other statutory requirements.
