RAMA Vs. LOKESH KUMAR

JUDGEMENT

(1.) This writ petition has been brought praying for invoking power under Article 227 of the Constitution of India, seeking indulgence of this Court to quash the order dated 14.08.2014 (Annexure P/1) passed by the Chhattisgarh Board of Revenue, Bilaspur in Revenue Revision Case No. R.N./04/R/A-70/358/2013, dismissing the revision petition filed by the petitioners.

(2.) The facts of this case, in brief, is this that, Late Makhanlal Chandrakar was father of the petitioners, who executed a sale deed dated 10.04.1972 in favour of Prabhakar Rao, S/o Narayan Rao, regarding the disputed land. The Sub Divisional Officer, Dhamtari registered a Ceiling Case No. 163-B/90(3)/1974-75 under the provisions of the Chhattisgarh Ceiling on Agricultural Holdings Act, 1960 (for short "the Ceiling Act") by order dated 29.10.1984 (Annexure P/2). The above mentioned transfer was declared void. Purchaser- Prabhakar Rao challenged this order before the Board of Revenue by preferring Appeal No. 29-V/85, which was dismissed vide order dated 02.01.1986 (Annexure P/3). The order of the Board of Revenue, was challenged in the High Court of Madhya Pradesh in M.P. No. 1610/1986. This petition was dismissed vide order dated 27.02.1987 (Annexure P/4).

(3.) The respondents purchased the disputed property from Prabhakar Rao by sale deed dated 19.06.2006 and on that basis, the respondents filed an application under Section 250 of the Chhattisgarh Land Revenue Code, 1959 (for short "the Code, 1959") seeking relief of possession. The Tahsildar, Kurud, District- Dhamtari, made an enquiry and passed the order dated 08.08.2011 (Annexure P/5), by which, the application was dismissed. The respondents then, challenged the order of the Tahsildar before the court of Sub Divisional Officer, Kurud, District- Dhamtari, in Revenue Appeal Case No. 98A/70 Year 2010-2011, which was again dismissed by order dated 30.03.2012 (Annexure P/6). The respondents, then preferred Second Appeal before the Additional Commissioner, Raipur Division, Raipur in Revenue Appeal Case No. 407-A/70 Year 2012-13, which was allowed in favour of the respondents by order dated 21.06.2013 (Annexure P/7) and ordered for eviction of the petitioners from the disputed property, was passed. The petitioners, then preferred Revenue Revision Case No. R.N./04/R/A-70/358/2013 before the Chhattisgarh Board of Revenue, Bilaspur and this revision petition has been dismissed by the impugned order.