GOVIND PRASAD SONI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution of India, the petitioner has called in question the order dtd. 14/9/2015 passed by the Tehsildar, Champa whereby the Tehsildar has recalled its earlier order dtd. 4/7/2015.

(2.) It appears, respondent No.4 Hutas Prasad Soni moved an application for mutation of his name in the revenue records, which was allowed vide order dtd. 29/6/2015, as reflected from the order sheet of the said date, however, the main order was passed separately, which has not been annexed with this writ petition. Thereafter, the petitioner moved another application on 4/7/2015 under Sec. 52 read with Sec. 32 of the CG Land Revenue Code, 1959 (for short 'the Code'), which was allowed on the same date without noticing the other party, resultantly, the earlier order dtd. 29/6/2015 was recalled. On both the occasions, the Tehsildar observed that the matter is closed and file be sent to the record room. On 11/8/2015, the Tehsildar once again re-opened the matter and sought permission from the Sub Divisional Officer (Revenue) for review of the order dtd. 4/7/2015. The Sub Divisional Officer (Revenue), in turn, granted permission to the Tehsildar to review the order dtd. 4/7/2015, pursuant to which the impugned order dtd. 14/9/2015 has been passed and the order dtd. 4/7/2015 was recalled observing that the revenue records be corrected on the basis of earlier order passed on 29/6/2015.

(3.) It is argued by the petitioner that the Tehsildar has passed the impugned order without providing opportunity of hearing to the petitioner, therefore, the same is illegal. It is also argued that against the order dtd. 4/7/2015 respondent No.4 had preferred an appeal before the Sub Divisional Officer (Revenue), Champa vide Annexure-P/2, therefore, during the pendency of the said appeal, Tehsildar should not have reviewed the order dtd. 4/7/2015.