CHIATRA Vs. BOARD OF REVENUE

JUDGEMENT

(1.) This writ petition is directed against the order passed by the Commissioner, Bastar Division, Jagdalpur, dated 25-11-1999 by which the learned Commissioner has set aside the order of Additional Collector, Jagdalpur dated 29-6-1999 and restored the order of the Sub Divisional Officer (Revenue), Kondagaon dated 29-7-1998 reverting the land in favour of ab original tribe Pilu, S/o Aaytu Gond.

(2.) Learned counsel for the petitioners would submit that the order passed by the learned Commissioner is absolutely illegal, as permission to sell the land under Section 165 (6) of the Chhattisgarh Land Revenue Code, 1959 (for short, 'the Code') was granted by the Additional Collector in favour of Chaitram, S/o Lachhinder Koshta and sale was made in favour of Lacchinder on 2-5-1967. He would also submit that suo motu revisional power has been exercised with a delay of eleven years, therefore, the order passed by the Commissioner is liable to be set aside. He relied upon a judgment of the Supreme Court in the matter of Ranveer Singh (Dead) Through L.Rs. and another v. State of M.P.1

(3.) On the other hand, learned State counsel would oppose the submission and support the impugned order.