JAYANT KUMAR GOHIL Vs. PRATIBHA DANI AND OTHERS

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is directed against order dated 29-09-2014 passed by the Board of Revenue, by which, the Board of Revenue has granted permission to the Additional Commissioner, Durg Division to review the order dated 26-03-2011.

(2.) The petitioner applied for grant of lease/settlement of land ad-measuring 88.10 square meter situated in Plot No. 82, Sheet No. 45-D, Najul land before the Additional Collector, Durg. The authority, however, found that dispute is pending before the Civil Court as also before the High Court, therefore, it would not be proper to proceed with settlement of land till disposal of civil case in respect of the land in dispute and an order to this effect was passed on 09-10-2009. That order was approved by the Collector on 12-10-2009. Later on, the petitioner moved an application seeking review of order dated 09-10-2009. That application was rejected vide order dated 06-01-2010. Aggrieved by order dated 09-10-2009 and 06-01-2010 as aforesaid, the petitioner preferred an appeal before the Additional Commissioner, Raipur Division, Raipur, who allowed the appeal vide order dated 26-03-2011 directing the land in dispute to be settled in favour of the petitioner on the recommendation dated 13-05-2009 of the Najul Inquiry Officer.

(3.) An application for review was then filed by the respondent No. 1 before the Additional Commissioner on the ground that the then Nazul Officer suppressing the fact of passing of order dated 09-10-2009 of Additional Collector and order dated 12-10-2009 of Collector, got lease granted in favour of the petitioner. The Additional Commissioner having found that there are allegations of granting lease by suppression of material facts and that review of the order is necessary, for which, permission of competent authority would be required under Section 51 of the Chhattisgarh Land Revenue Code, 1959 (In short "the Code"), sought permission of the Board of Revenue. Vide order dated 29-09-2014, the Board of Revenue granted permission to the Additional Commissioner, Raipur Division, Raipur to review its earlier order dated 26-03-2011.