SATYANARAYAN, Vs. BABULAL AGRAWAL

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been brought being aggrieved by the order dated 14.09.2012 (Annexure P-1), passed by the Additional Commissioner, Sarguja, Division Ambikapur in Revenue Case No.19/A-23/2009-10.

(2.) It is submitted by the learned counsel for the petitioners that grand father of the petitioners, Kashiram, S/o. Magan was a member of aboriginal tribe and title holder of the land bearing Kh. No. 61 measuring area 1.62 acres and Kh. No. 62 measuring area 30.26 acres. It is submitted that by fraud and forgery, the name of Nanka Panika was entered in the revenue records and on the basis of this erroneous entry, the disputed property has been sold by Nanka Panika to the respondent No.1 by registered sale deed and therefore, the land of the member of aboriginal tribe has been transferred by a fraudulent sale.

(3.) It is further submitted that late Ramprasad, the father of the petitioners filed an application under Section 170-B of the C.G. Land Revenue Code, 1959 seeking restoration of the disputed land, before the Court of Sub-Divisional Officer, Pratappur. S.D.O., Pratappur, passed order dated 05.07.2004 holding that the sale transaction of the land was prior to the commencement of the C.G. Land Revenue Code, 1959 (hereinafter referred to as the 'Code, 1959'), therefore, the provisions under Section 170-B of the Code, 1959 is not attracted. Late Ramprasad then preferred an appeal, before the Collector, Sarguja. The appeal was allowed vide order dated 02.06.2010 and the application under Section 170-B of the Code, 19590 was also allowed, directing the restoration of the disputed land to the petitioners. The respondent No.1 challenged this order before the Court of Additional Commissioner, Ambikapur, Sarguja, Division. The learned Additional Commissioner has passed the impugned order in revision petition setting aside the order of the appellate authority and restoring the order of the S.D.O..