VISHWANATH Vs. MEHATARRIN, D/O PARANU

JUDGEMENT

(1.) Heard on admission.

(2.) The petitioners made application under Section 170-B of the Chhattisgarh Land Revenue Code, 1959 (for short, 'the Code') stating that the land in question be reverted to them. The Sub Divisional Officer (Revenue) rejected the application finding that the alleged transaction is of 1932-33 and as such, that has been given to the ancestors of respondents No.1 to 8 herein under the law applicable in the Bastar State and the application under Section 170-B of the Code is not maintainable which was set aside by the Additional Collector in appeal and thereafter, at the instance of the petitioners the Commissioner remanded the case to the Sub Divisional Officer (Revenue). The Sub Divisional Officer (Revenue) now, by a detailed order dated 7-9-2015 held that the transaction is prior to coming into force of the Code i.e. prior to 2-10-1959 and land has been given to the respondents under the law applicable in the Bastar State in 1932- 33 that has been maintained by the Additional Collector and the Commissioner against which this writ petition has been preferred.

(3.) Learned counsel for the petitioners submits that the finding recorded by the two courts below is perverse and contrary to law and therefore it is liable to be set aside.