ARJUN DUBEY Vs. AMARNATH

JUDGEMENT

(1.) This second appeal preferred by the appellant/plaintiff (now, his LRs.) was admitted for hearing on the following two substantial questions of law :-

(2.) The suit land bearing Khasra No. 219/4 admeasuring 1.131 hectares is a part of the land bearing Khasra No. 219/1 total area 4.407 hectares. The said suit land is admittedly Government land reserved/earmarked for the purpose of grazing by the competent authority under the provisions of Section 237(1) of Chhattisgarh Land Revenue Code, 1959.

(3.) The original plaintiff Arjun Dubey i.e. father of the appellants herein filed an application before the Sub-divisional Officer (Revenue), Ramanujganj stating inter alia that though the land bearing Khasra No. 219/1 admeasuring 4.407 hectares is reserved by the Government for the purpose of grazing, but since he is in cultivating possession of 1.131 hectares of the said land for the last 35 years, therefore, the said land be settled in his favour, which the Sub-divisional Officer (R) enquired into and ultimately, by exercising the power under Section 237(2) of the Land Revenue Code, vide order dated 05/10/1982, deleted the suit land from the Nistar Patra and made it open for using it as agricultural land and thereby, settled it in favour of the plaintiff. Later on, the Collector, Sarguja on being informed about the same, took up the matter on suo moto revisional jurisdiction and vide order dated 10/02/1986 (Ex. P/5) revoked the order of the Subdivisional Officer dated 05/10/1982 denotifying the said land reserved for the purpose of grazing and settling it in favour of the plaintiff. The plaintiff questioned the order before the Commissioner by way of revision but he remained unsuccessful which led to the filing of the suit by the plaintiff for declaration of title and permanent injunction stating that he is in settled possession of the suit land and the order of the Collector (Ex. P/5) setting aside the order of the Sub-divisional Officer is unsustainable and bad in law, as such, he is entitled for decree for declaration of title and permanent injunction.