RATURAM SARTHI Vs. STATE OF C.G.

JUDGEMENT

(1.) Petitioner has filed this writ petition seeking following relief:-

(2.) Facts of the case, in brief, are that land bearing Khasra No.382/1 Ga, area 0.688 hectares, situated in village Saskoba, Tahsil Dharamjaigarh, District Raigarh (CG) (for short 'the said land') was alloted on lease (patta) to Late Bhaira Sarthi by the State Government. After the death of Late Bhaira, said land came to be recorded in the name of her widow Budho Bai, who also died during Covid-19 pandemic. Respondents No.6 and 7 claiming himself to be sons of brother of Late Bhaira Sarthi, moved an application before the Tahsildar, Dharamjaigarh under Sec. 109, 110 of the Chhattisgarh Land Revenue Code, 1959 (for short 'the Code of 1959'), without impleading petitioners herein as party to the mutation proceeding. The Tahsildar vide order dtd. 14/7/2021 allowed the application and ordered to mutate the said land in the name of respondent Nos.6 and 7 in land records. On coming to know about passing of order dtd. 14/7/2021 in the month of December, 2021, petitioners preferred first appeal before the Sub Divisional Officer, along with an application seeking condonation of delay on the ground that said Budho Bai died during pandemic Covid-19, therefore, they could not take steps for mutation of their names in land records and in the month of December, 2021 when they applied for B-1 before the Patwari concerned, they came to know about the order of the Tahsildar dtd. 14/7/2021.

(3.) The Sub Divisional Officer (R) considering the contents of application for condonation of delay, the fact that petitioners herein were not arrayed as parties in the application for mutation filed before the Tahsildar and the order of mutation is passed behind the back of petitioners without affording opportunity of hearing to them and first appeal is filed within the limitation from the date of knowledge, condoned the delay vide order dtd. 13/4/2022 and fixed the matter for final arguments. Respondent Nos.6 and 7 filed revision against the order dtd. 13/4/2022 which came to be allowed vide order dtd. 22/12/2022 setting aside the order of SDO condoning delay. Order of the Collector was challenged in a revision before the Additional Commissioner, Bilaspur Division, Bilaspur which was dismissed by the order impugned.