LAWS(CHH)-2007-4-28

NARAYAN Vs. STATE OF CHHATTISGARH

Decided On April 13, 2007
NARAYAN Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) BY this petition under Article 226/227 of the Constitution of India, the petitioners impugn the order dated 3.10.2001 (Annexure P-1), 8.12.2000 (Annexure P-2), 30.3.1995 (Annexure P-3), 24.7.1991(Annexure P-4) and 3.7.1991(Annexure P-5) passed by the respondents No. 2 to 4, whereunder the appeal filed against the order dated 24.7.1991 passed by the Sub Divisional Officer, Mahasamund was dismissed as being barred by time and review petition filed thereafter was also dismissed by the Additional Commissioner, Raipur Division, Raipur.

(2.) THE indisputable facts in nutshell are that the father of the respondent No. 5 Late Shri Dalganjan sold the agriculture land bearing Khasra No. 415 admeasuring 2.33 acres in Patwari Halka No. 40/39 to Shri Bharat Ram Aghariya father of the petitioners vide registered sale deed dated 22.4.1963 (Annexure P-7).

(3.) THE respondent No. 4 vide order dated 24.7.1991 (Annexure P-4) held that the detailed enquiry under Sub-section (3) is not necessary as the land owners have not filed any reply to the extent asto how the land came into their possession. THE land was reverted back to the original owner Shri Dalganjan.