JAGDEESH CHOUDHARY Vs. BOARD OF REVENUE AND OTHERS

JUDGEMENT

(1.) BY this petition the petitioner seeks to invoke supervisory jurisdiction in terms of Article 227 of the Constitution of India against the order dated 17 -11 -1999 (Annexure P -1) passed by the Additional Commissioner, Raipur Division, Raipur in Case No. 102/A -23/94 -95 affirming the order dated 15 -9 -1989 passed by the Additional Collector, Raipur in Revenue Appeal No. 453/A -231988 -89 and the order dated 18 -5 -1999 passed by the Sub -Divisional Officer (R), Mahasamund in Revenue Case No. 158/A -23/1987 -88 whereby the Sub -Divisional Officer has directed for return of land to the respondent No. 5 on the ground that the petitioner has failed to notify the transaction under Section 170B of the C.G. Land Revenue Code, 1959 (for short 'the Code') Heard learned counsel for the parties and perused the orders impugned.

(2.) LEARNED counsel for the petitioner submits that after revision no other remedy is available to the petitioner and the revenue Courts concerned have committed illegality by ignoring the provisions of Section 170B of the Code and the affidavit submitted by the respondent No. 5 before them that his father has sold the land to the petitioner after obtaining necessary permission from the Collector under Section 165(6) of the Code and thereby caused irreparable loss and prejudice to the petitioner. Therefore, supervisory jurisdiction is required to be invoked in terms of Article 227 of the Constitution of India.

(3.) AS per order dated 18 -5 -1999 (Annexure P -3) passed by the Sub -Divisional Officer (R), Mahasamund, competent authority under Section 170B of the Code has passed the order of return of land against the petitioner only on the ground that the transaction has not been notified to the competent authority under subsection (1) of Section 170B of the Code. As per order impugned, the competent authority i.e. Sub -Divisional Officer (R), Mahasamund, has received the information from the Patwari under sub -section (3) of the Section 170B of the Code and thereafter it has conducted inquiry and passed the order. Undisputedly, the Sub -Divisional Officer has initiated proceedings under subsection (3) of Section 170B of the Code.