FAGUWA Vs. DHANI RAM

JUDGEMENT

(1.) PETITIONER is aggrieved by the order Annexure P/1 dated 31/03/2003 whereby Collector, Mahasamund, while allowing the appeal preferred by respondent No.1, 2 and 3 has set-aside the order dated 24/05/2002 passed by the Sub Divisional Officer (Revenue), Mahasamund.

(2.) ANNEXURE P/3 is an order passed by the competent authority under the provisions of Chhattisgarh Samaj Ke Kamjor Vargon Ke Krishi Bhumi Dharakon Ka Udhar Dene Walon Ke Bhumi Hadapane Sambandhi Kuchakron Se Paritran Tatha Muktj Adhiniyam 1976 (for short the Adhiniyam. 1976) on an application filed by petitioner's father Tiharu Satnami. By the said order dated 07/01/1997 his application was allowed and it was held that the sale- deeds dated 21/03/1980 and 22/02/1981 are declared to be prohibited transaction of loan and consequently sale-deed dated 08/03/1982 also becomes ineffective. Sub Divisional Officer, Mahasamund directed for mutating the name of petitioner's father in the revenue records as also for delivery of possession of the subject land.

(3.) IN view of the above, the impugned order is quashed. The matter is remanded back to the Collector, Mahasamund for decision afresh on the basis of all the material relevant for just decision of the case including the order passed by the Sub Divisional Officer on 06/01/1997 in favour of the petitioner's father under the Adhiniyam, 1976.