KARMU SAO Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This petition has been filed against the order of the Board of Revenue in Revenue Revision Case No.RN/12/R/A-5/55/2012 dtd. 29/10/2014 whereby the revision preferred by the petitioner has been dismissed and the order passed by the Additional Commissioner Raipur Division, Raipur has been affirmed whereas the orders passed by the Sub-Divisional Officer (Revenue) Saraipali and Tahsildar, Basna, District Mahasamund, dated 30- 12-2010 and 27/12/2008 have been set aside.

(2.) The petitioner moved an application under Sec. 89 of the Chhattisgarh Land Revenue Code, 1959 before the Tahsildar, Basna, District Mahasamund for correction of map prepared after settlement proceeding for the Village Keharpur, P.H.No.22 Tahsil Basna pertaining to four survey numbers admeasuring 2.095 hectare. The petitioner further stated that at the time of settlement due to mistake the map was changed.

(3.) Learned counsel for the petitioner submits that the application moved by the petitioner was allowed by the Tahsildar vide order dtd. 27/12/2008. The appeal preferred by respondent No.2 was dismissed by the SubDivisional Officer (Revenue) after due consideration only on the ground of delay after due consideration. The case was not decided on merits by the Sub-Divisional Officer (Revenue). The Additional Commissioner, Raipur Division, Raipur has wrongly decided the case on merits and allowed the appeal preferred by respondent No.2, therefore, the Board of Revenue has also committed illegality by affirming the order passed by the Additional Commissioner Raipur Division, Raipur.