RAMPYARA SAHU Vs. BOARD OF REVENUETL

JUDGEMENT

(1.) With consent of the parties, matter is heard finally.

(2.) Instant petition is directed against the order dated 27th July, 2009 passed in Revenue Revision No. RN/05/R/A-6/763/07 whereby the Board of Revenue allowed the revision preferred by the Respondent No. 2 mainly on the ground that the order of remand passed by the Sub Divisional Officer and affirmed by the Additional Collector was contrary to the provisions of Section 49(3) of the C.G. Land Revenue Code, 1959.

(3.) Shri Verma, learned Counsel for the Petitioners drawn the attention of this Court on the order of the Sub Divisional Officer (Annexure P-5) dated 23-7-2005 which shows that in fact, the matter was not remanded by the Sub Divisional Officer and in fact the order passed by the Tehsildar was set aside but while sending the copy of it to the Tehsildar, it has been directed to pass final order after giving opportunity to both the parties. This part has been considered by the Board of Revenue as part of the order which in fact is not part of the order.