SUKHMATI Vs. CHIRONJI LAL

JUDGEMENT

(1.) The instant petition is directed against the order dated 3-5-2006, passed by the Board of Revenue in Revision Case No. 144/A-23/2002-03. The brief facts of the case as per petitioner are that, the Sub-Divisional Officer, Sakti, passed an order on 31-3-1998 under Section 170B of the Land Revenue Code, 1959 (for short 'the Code') reverting the land in favour of Tekuram i.e. predecessor of respondent No. 1 to 3. The above order was reversed by the Addl. Collector, Janjgir, in an appeal filed, vide its order dated 22-8-2001. The Board of Revenue, in Revision Case No. 144/A-2/2002-03, set aside the order passed by the Addl. Collector and restored the order dated 31-3-1998, passed by the SDO, Sakti. Hence, this writ petition by the aggrieved petitioner.

(2.) Shri Sanjay K. Agrawal, learned counsel appearing for the petitioner would submit that the SDO has passed the order without adopting the proper procedure as envisaged under sub-section (3) of Section 170B of the Code without giving opportunity of hearing i.e. for producing the documents and evidence. He would further submit that the land in question was purchased by Balram and others with due permission of Addl. Collector under Section 165(6) of the Code dated 1-5-1971 (Ex. P/1). This fact has been ignored by the SDO as well as by the Board of Revenue while passing the order, and therefore, the order impugned as well as the order passed by the SDO are illegal and deserve to be set aside.

(3.) On the other hand, Shri Sunil Sahu, learned counsel appearing for the respondent No. 1 to 3 supported the order impugned and submitted that the order has been passed by the SDO after affording due opportunity of hearing to the petitioner, permission under Section 165(6) of the Code (Ex. P/1) passed by the Addl. Collector was not in accordance with law; inasmuch as the said order was passed without making any enquiry. He would further submit that the transfer of the land was also in contravention of the above permission. Addl. Collector's above permission was in favour of Sevak Ram whereas the land was alleged to be transferred by way of registered sale deed in favour of Balram and others, who, in turn, sold it to Kutappan Nair.