RAJESH AGRAWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The Board of Revenue has rejected the petitioner's application for review of order passed by it on 12.8.2002 in a proceeding under the Chhattisgarh Ceiling on Agricultural Holdings Act, 1960 (for short 'the Ceiling Act'). The Board of Revenue has taken a view that there is no provision for review of an order passed by an authority exercising the jurisdiction under the Ceiling Act, therefore, the review application is not maintainable.

(2.) The petitioner's counsel would refer to the judgment rendered by the M.P. High Court in the matter of Ramdin Hazarilal and Others Vs. State of M. P. and Others, (1979) LawSuit(MP) 202 to argue that even if there is no express power of review conferred on the ceiling authorities under the Ceiling Act, such power of review is to be read to have been conferred on the authority by virtue of Section 51 of the CG Land Revenue Code (for short 'the Code').

(3.) A short issue falling for consideration in this writ petition is whether in the absence of any statutory prescription conferring power on the authorities under the Ceiling Act, the Board of Revenue could have exercised power to review its own order?