YADRAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS reference has been made by the learned Single Judge (Hon'ble Mr. Justice Manindra Mohan Shrivastava) under Rule 32 (2) (ii) of the High Court of Chhattisgarh Rules, 2007. Vide order dated 3 -9 -2014, Hon'ble the Chief Justice has directed to place the reference before this Bench to answer the following referred question of law: -

(2.) SCOPE of application of the provisions contained in Section 170 -B of the Chhattisgarh Land Revenue Code, 1959 (for short 'the Code') relating to the period of its application was first considered by the learned Single Judge of this Court (Hon'ble Mr. Justice Prashant Kumar Mishra) in the case of Parwati Bai and another v. State of Madhya Pradesh and others, W.P.No.1739/1997 (decided on 2 -2 -2010) wherein on consideration of rulings of the High Court of Madhya Pradesh in the cases of Roopchand v. Board of Revenue, M.P., Gwalior and others,1995 RN 184 and Chandrabhan Singh and others v. Banspati Kalar and others,1998 RN 32 it was held that Section 170 -B of the Code has no application to transaction entered prior to 2 -10 -1959. Later another Single Judge of this Court (Hon'ble Mr. Justice Satish K. Agnihotri) in the case of Smt. Ramkunwar v. Banshilal and others, 2013 2 CgLRW 76 held that the provisions of Section 170 -B of the Code would also apply to transaction done prior to 2 -10 -1959.

(3.) THE learned Single Judge making the reference (Hon'ble Mr. Justice Manindra Mohan Shrivastava) took view that the provisions of Section 170 -B of the Code have no application relating to transaction made before 2 -10 -1959, and in the light of aforesaid two contrary views taken by coordinate Benches, formulating the question directed to place the matter before Hon'ble the Chief Justice with a recommendation to place it before a Bench of two Judges for decision.