CHHEDISAO Vs. RANGLAL

JUDGEMENT

(1.) By this petition under Article 227 of the Constitution of India, the petitioner invokes supervisory jurisdiction of this Court questioning the correctness and validity of revisional order dated 30/08/12 passed by the Commissioner, Surguja, Division-Ambikapur by which petitioner's revision against order dated 30/05/07 passed by the Collector, Ramanujganj has been dismissed. The relevant factual matrix giving rise to this petition are stated infra--

(2.) Learned counsel for the petitioner contended that the Sub-Divisional Officer, Collector as well as the Commissioner exceeded their jurisdiction in directing return of land and affirmation thereof that late Bucha belonged to 'Nagesia' tribe. The Sub-Divisional Officer, without authority of law held that 'Kissan' is a sub-caste of notified tribe 'Nagesia'. Proceeding on this erroneous assumption of law and fact, the Sub-Divisional Officer held the transaction fraudulent on the ground that the transaction of sale required permission of the Collector as required under Section 165(6) of the Code. The Collector affirmed the order by holding that 'Kissan' was merely a title and infact, 'Kissan' is nothing but 'Nagesia'. Therefore, 'Kissan' and 'Nagesia' are one and the same. On this reasoning, the Collector also held that the transaction being one between a tribe and a non-tribe, it required permission of the Collector under Section 165 of the Code.

(3.) He further contended that the revisional authority though held that 'kissan' cannot be treated as sub-caste of 'Nagesia' and included as part of 'Nagesia', without there being any such stipulation in the notification of the scheduled tribes, committed apparent illegality in holding that the old transaction cannot be re-opened in view of State Government's circular dated 04/02/11 (Annexure P/5). According to him, it was not permissible under the law to hold 'Kissan' as sub-caste or part of scheduled tribe 'Nagesia' by any process of reasoning. This is exclusively within the domain of the parliament to include, exclude or amend the notification declaring the tribe under the constitutional scheme. Therefore, the order of return of land has been passed and affirmed in excess of jurisdiction.