SEVATI BAI Vs. STATE OF C G

JUDGEMENT

(1.) IN this petition under Article 226 / 227 of the Constitution of India the complaint of the petitioner is that despite the remand of the proceedings with direction to investigate and pass appropriate orders, the cases are pending before the Sub Divisional Officer for years and no steps are taken to dispose of the same.

(2.) THE case of the petitioner is that she is an aboriginal, and that her lands and lands of certain other aboriginals were fraudulently purchased by the Christian Missionary in the names of individual persons who are members of Christian community (aboriginal tribe), and later on under transfer deeds, transferred those lands to Christian Association / Christian Sisters' Association and the said Association holds the land as Bhoomiswami on the basis of such transfer. In this regard, certain complaints under Section 170(B) of the C.G. Land Revenue Code were made to the concerned Sub Divisional Officers. The Sub Divisional Officer, Jashpur vide his order dated 31-07-1997 directed reversion of the lands to aboriginal vendors. Thereafter, the Christian Association preferred an appeal before the Collector, Jashpur and the Collector vide his order dated 16-10-2000, set aside the order of the Sub Divisional Officer and remanded the matter to further inquire into the matter and pass appropriate orders. According to learned counsel for the petitioner, thereafter, the Sub Divisional Officer is not passing any order or holding any inquiry with regard to the said sale-deeds.

(3.) SO far as the expeditious disposal of and decision on a matter like this is concerned, the authorities are required to do it have the obligation to do it as expeditiously as possible and the proceedings should not be protracted on one ground or the other. The provisions of the Code in that regard are beneficial and the very statutory purpose will be defeated if the matters are kept pending without any rhyme and reason by the concerned officers for years.