PHOOLCHAND SETHIYA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is by the Petitioners in Writ Petition (C) No. 458 of 2015. We have heard the learned counsel for the Appellants and the learned Deputy Advocate General for the State.

(2.) Through Annexure A/23 proceedings dated 21.11.2014, the Sub Divisional Officer (Revenue); for short, 'the SDO'; proceeded to review the earlier order issued by that officer on 25.10.2014, which is Annexure A/17. For that purpose, the SDO was granted permission by the Collector, which is a statutory exercise required to be carried out to satisfy the proviso to sub-section (1) of Section 51 of the Land Revenue Code, 1959; for short, 'the Code'. The Appellants challenged the said proposal of the SDO before the learned Single Judge through the writ petition, fundamentally projecting certain facts situation referable to earlier proceedings touching the lands in question. We would make requisite reference to those facts as we proceed with this judgment.

(3.) It appears that the proceedings were initiated to include the land in question in the register of the "Wajib-ul-arz" lands in terms of Section 242 of the Code. Those proceedings, initiated sometimes in 1991, was carried forward and even subjected to two rounds of appeal. That ultimately led to a revision before the Board of Revenue, which was decided as per Annexure A/6, order of 31.12.2001 holding that the lands cannot be recorded as Wajib-ul-arz.