KAILASH MISHRA Vs. BOARD OF REVENUE

JUDGEMENT

(1.) Respondent No.4 purchased the suit property on 23/6/2006 and thereafter, order of diversion was passed in his favour by the Sub-Divisional Officer on 20/7/2006. The petitioner herein filed a complaint before the Sub- Divisional Officer (Revenue), Ambikapur questioning the order of diversion granted in favour of the petitioner. The Sub-Divisional Officer sought permission from the Collector to review its order dtd. 20/7/2006. The Collector, Surguja, Ambikapur by its order dtd. 3/8/2009 without noticing and without hearing respondent No.4 granted permission to review the order dtd. 20/7/2006.

(2.) Feeling aggrieved against that order, respondent No.4 preferred a revision before the Board of Revenue. The Board of Revenue by the order impugned set aside the or- der of the Collector dtd. 3/8/2009 on the ground that no opportunity of hearing was granted to respondent No.4 while granting permission to review the order. The petitioner has challenged that order before this Court by filing the writ petition under Article 227 of the Constitution of India.

(3.) Mr.V.K.Pandey, learned counsel appearing for the petitioner, would submit that since the order of the Collector was set aside by the Board of Revenue on the ground of non-compliance of principle of natural justice, it was incumbent the Board of Revenue to remand the matter to the Collector to give an opportunity of hearing to respondent No.4 and pass an order afresh, which has not been done and therefore, the order impugned deserves to be set aside.