SMT. SUDHIYARIN BAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since common question of law and fact is involved in both the writ petitions, they are being disposed of by this common order.

(2.) Impugning legality, validity and correctness of the order dated 28-1-2004 passed by the State Government exercising the powers conferred under Part-IV, Serial No.3, clause 5, paragraph 30(3) of the Revenue Book Circular, these two writ petitions have been filed.

(3.) The Naib Tahsildar, Mahasamund, in Revenue Case No.137/A-19 year 1980-81 by order dated 19-5-1981 granted lease of Survey No.853/1, area 1.50 to the husband of petitioner No.1 and father of petitioners No.2 & 3 in W.P.No.474/2004, and also to the petitioner in W.P.No.475/2004. Complaint was made by the private respondents herein that the land is recorded as bade jhad ka jangal and cannot be allotted without prior permission of the Central Government under Section 2 (ii) of the Forest (Conservation) Act, 1980. The said objection was sustained by the Collector in revision and the order granting lease was set aside against which the present petitioners preferred revision before the Commissioner and the Commissioner set aside the order of the Collector on the ground that the Collector has no jurisdiction. The private respondents herein made revision before the Government of Chhattisgarh and the Government in exercise of power conferred under the provisions of the Revenue Book Circular declared that the land allotted is bade jhad ka jangal and patta cannot be granted without prior approval from the Central Government and revoked the said patta against which these writ petitions have been filed.