RAJKUMAR KHATWANI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This writ petition is directed against the order passed by the Commissioner in revision ultimately upholding the order passed by the Sub Divisional Officer (Revenue) dated 29-9-1982.

(2.) Aboriginal tribe Late Pinglu Ram after due permission of the Collector under Section 165(6) of the Madhya Pradesh (Chhattisgarh) Land Revenue Code, 1959 (for short, 'the Code') sold the land to the petitioners on 21-11-1972. Thereafter, the M.P. Amendment Act 15 of 1980 came into force with effect from 24-10- 1980 according to which the person in possession of the land of aboriginal was required to notify as to how he has come in possession of the said land. The petitioners being in possession of the land of aboriginal having purchased have notified the information on 13-8-1981 on which some enquiry was made by the Sub Divisional Officer (Revenue) and ultimately, the SDO (R) by order dated 29-9-1982 reverted the land to the aboriginal tribe against which the petitioners preferred appeal before the Collector and the Collector set aside the order of the SDO (R), but the Board of Revenue in revision preferred by the aboriginal tribe, remanded the matter to the Collector. This time, the Collector dismissed the appeal of the petitioners and that has been affirmed by the Commissioner in revision against which this writ petition has been preferred.

(3.) Mr. Manoj Paranjpe, learned counsel appearing for the petitioners, would submit that the learned SDO (R), has committed illegality in reverting the land to the aboriginal tribe, as no enquiry as contemplated under Section 170B (3) of the Code was conducted by the SDO (R) affording due and proper opportunity to the petitioners and further the SDO (R) has though competence to look into the validity and correctness of the transaction entered and permission granted under Section 165(6) of the Code, has declined to look into this transaction, yet reverted the land in favour of the aboriginal tribe without holding enquiry which is unsustainable and bad in law.