GAUTAM CHAND DUGGAR Vs. SOMARI BAI

JUDGEMENT

(1.) By this petition under Article 226/227 of the Constitution of India petitioner has challenged the legality and propriety of the order dated 5/2/1993 passed by Board of Revenue, Madhya Pradesh, Gwalior in case No. 9-three/ 92, order dated 10/6/1992 passed by Board of Revenue, Madhya Pradesh, Gwalior in revision No. 303-1/87, order dated 27/7/87 passed by Commissioner, Bastar Division, Jagdalpur in Appeal Case No. 69/A-23/85-86, order dated 30/ 5/86 passed by Additional Collector, Jagdalpur in Appeal Case No. 19/A-23/ 83-84, order dated 16/5/83 passed by Sub Divisional Officer (Revenue) Jagdalpur in Ra. Case No. 175/A-23/77-78 and order dated 11/ 11/80 passed by Sub Divisional Officer, Jagdalpur in Case No. 175/A-23/77-78 whereby Revenue Courts has directed to return the agricultural land which was in possession of the petitioner to Laxman son of Sukhdeo. Ms. Renu Kochar, Advocate for the petitioner and Mr. Sumit Jhanwar, P.L. for the State/respondents No. 3 to 6 are heard.

(2.) Learned counsel for the petitioner submits that after obtaining permission Sukhdeo owner of the land which was member of scheduled tribe who has sold the land to the petitioner and after lapse of considerable time inquiry was initiated by Sub Divisional Officer, Jagdalpur in which Laxman has given contradictory statement relating to transaction but has specifically admitted that it was sell transaction although, he had not received full consideration, in these circumstances all the Revenue Courts were under obligation to hold that transaction was not fraudulent but all the Revenue Courts has illegally directed the petitioner for return of possession of the land to Laxman i.e. son of original land owner Sukhdeo and thereby committed gross illegality.

(3.) Learned counsel for the petitioner further submits that proper opportunity of hearing has not been provided to the parties before passing such order.