MOHD. AMAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard.

(2.) It is submitted by counsel for the petitioner that earlier, agricultural land bearing khasra Nos. 19/1 and 159/1 area 9.19 and 0.70 acres, respectively situated in village Kota, Tehsil and District Raipur belonged to Sheikh Rahman, son of Sheikh Rahim and the father of the petitioner entered into an agreement for sale with Sheikh Rahman on 15/4/1947. The sale deed was executed on 3/2/1951 and since then, the petitioner is in possession of the land in question. Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (for short 'the Act, 1950') came into force in District Raipur from the year 1951. According to Sec. 6(1) of the Act, 1950 certain transfers of land after 16/3/1950 were to be void, however, Sec. 6(2) of the Act, 1950 provides that on the application of the transferor or the transferee, if the Deputy Commissioner is satisfied that any transfer of property referred to in sub-sec. (1) was made by a proprietor in good faith and in the ordinary course of village management, he may declare that the transfer shall not be void after the date of vesting.

(3.) It is submitted by counsel for the petitioner that the father of the petitioner filed an application before the Collector under Sec. 6(2) of the Act, 1950, which was allowed by order dtd. 23/5/1964 and it was declared that the transfer in favour of father of the petitioner is not void. The Commissioner, Raipur Division, registered a suo moto revision against this order and passed the order dtd. 3/7/2002 affirming the order of the Collector dtd. 23/5/1964. The State Government did not file any appeal or revision against this order, therefore, the order of the Commissioner attained finality. The petitioner then filed an application before the respondent/Tehsildar for mutation of land in his name but the same was rejected on the ground that the revenue record shows the land in question as grass land under government head. The petitioner then preferred an appeal before the Sub-Divisional Officer, which was dismissed on 11/2/2011 subsequent to which, the appeal was filed under Sec. 44(2) of the Chhattisgarh Land Revenue Code, 1959 before the Additional Commissioner, Raipur Division. The appeal was allowed by the order dtd. 4/1/2013, by which the orders of Sub-Divisional Officer and Tehsildar were set aside. The State Government then preferred a revision before the Board of Revenue. The Board of Revenue by order dtd. 19/12/2017 has allowed the revision and set aside the order dtd. 4/1/2013 passed by respondent No. 3-Additional Commissioner. It is further submitted that the sale deed in favour of the petitioner is valid till date, therefore, the respondent authorities cannot deny mutation in favour of the petitioner. Hence, a prayer has been made to quash the impugned order.