GANESH RAM Vs. RAITU & OTHERS

JUDGEMENT

(1.) In an application filed by respondents No.1 and 2 (aboriginal tribe), legal representatives of original land holder under Sec. 170-B of the Chhattisgarh Land Revenue Code, 1959 (hereinafter called as "Code"), the Sub Divisional Officer, Dhamtari by order dated 6.9.1995 dismissed the application holding that alleged transaction is valid and it is not hit by the provisions of Sec. 170-B of the Code.

(2.) Feeling aggrieved and dissatisfied with the order, respondents No.1 and 2 herein preferred an appeal before the Collector, Raipur. In the meanwhile, Lachhuram (uncle of the present petitioner) died on 26.1.1996, however, the present petitioner was not brought on record and by order dated 211997 the Collector directed for reversion of the land in favour of respondents No.1 and 2 herein.

(3.) The petitioner being legal representative of Lachhuram filed the revision before the Additional Commissioner, Raipur stating inter-alia that the order has been passed against dead person without impleading him as party and therefore, the order be set aside. Since the post of Commissioner was abolished, the matter was transferred to the Board of Revenue. The Board of Revenue by order dated 25.1.2008 dismissed the revision. Feeling aggrieved against the said order, the petitioner herein filed this writ petition under Art. 227 of the Constitution of India.