RAMLAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) In this appeal challenge is levied to the order dated 20-10- 2016 passed by learned Single Judge of this Court in W.P. No. 5076/2005 vide Annexure A-1 whereby and whereunder learned Single Judge has dismissed writ petition filed by the appellant along with one more Writ Petition No. 4624/2005 filed by one Tilaknath.

(2.) This is admitted by respondents No. 1 to 3 that on 19-8- 1968, land bearing Khasra No. 1/100 area 10 acres situated at village Newta was allotted to the appellant; concerned Patwari had submitted the report; the Tehsildar Kondagaon had also submitted his inquiry report dated 17-9-1996 to the Additional Collector, Jagdalpur vide Annexure P-1; the Commissioner Bastar quashed the allotment order vide his order dated 24-1- 1998 Annexure P-3; and the respondent No. 2 upheld the order Annexure P-3 by order dated 26-5-2005 vide Annexure P-4.

(3.) In brief, case of the appellant is that on 21-9-1975 and 4-2- 1976, Rajman sold the aforesaid land to the appellant; on 30-12- 1980, the appellant sold the same land to one Tilaknath; in the year 1986, Tilaknath sold the aforesaid land to one Janki Bai; on 10-11-1989, Janki Bai again sold the aforesaid land to the appellant; both the Revenue Courts failed to consider that Sections 153 and 165(7-b) of the CG Land Revenue Code, 1959 (in brevity 'Code of 1959') were incorporated with effect from 28- 10-1992, therefore, they were not applicable in the present case; by the executive order dated 26-6-1984 vide Annexure P-5, respondents No. 4 to 7 had acquired the Bhumiswami rights without any embargo; in the case is hand, and Section 158(3) of the Code of 1959 is not applicable.