SUKHO BAI Vs. AMRITA DEVI

JUDGEMENT

(1.) This writ appeal is directed against the impugned order dtd. 15/1/2020 passed by the learned Single Judge in W.P.(C) No.5934/2009, by which the writ petition filed by the appellant herein / writ petitioner has been dismissed by the learned Single Judge finding no merit.

(2.) The aforesaid challenge to the impugned order has been made on the following factual backdrop: -

(3.) The writ petitioner / appellant herein being daughter of late Shri Pandey (Gond) filed an application under Sec. 170-B of the Chhattisgarh Land Revenue Code, 1959 (for short, 'the Code') for return of land which was allegedly transferred by her father on 3/7/1957 in favour of one Ganesh and Ganesh later-on transferred the same in favour of Smt. Amrita Devi by sale deed dtd. 29/8/1974. The said application was dismissed by the Sub-Divisional Officer finding no merit which has been set aside by the Collector on 31/12/2005 and that has been interfered by the Board of Revenue by order dtd. 7/8/2007 holding that the transaction is of 3/7/1957 between two aboriginal tribes and the provisions of Sec. 170-B of the Code would not be applicable. The writ petition challenging the order of the Board of Revenue has been dismissed by the learned Single Judge affirming the order of the Board of Revenue.