KANWAL SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner has assailed the legality and validity of the impugned orders (Annexure-P/1 to P/3) passed by the Board of Revenue, Additional Collector and the Sub Divisional Officer (Revenue), respectively. By order (Annexure-P/3) passed by the SDO(R), Raigarh in exercise of powers under Section 170-B of the CG Land Revenue Code, 1959 (for short 'the Code'), the said Revenue Officer has set aside the transaction dated 16.9.1972 and 20.10.1975 pertaining to the land bearing Khasra No.1604/1-x ad measuring 1.149 hectares together with consequent mutation order dated 17.12.1972 and has directed for reversion of the land in favour of legal heirs of deceased tribal holder Manbodh.

(2.) Halka Patwari of village Munund, PH No.26, Tehsil Dharamjaigarh, District Raigarh submitted a report to the SDO (Revenue) that Manbodh, Naththuram and Narayan, all Gond Tribals, had sold the subject land to Dev Singh, son of Gangaram of village Tiur, Tehsil Kharsia on 16.9.1972. However, since after the date of sale deed the land is possessed by non-tribal Kanwal, son of Atmaram Gabel, who is in cultivating possession of the land in violation of Section 170-B of the Code, proceeding under the said provision needs to be initiated. After registering the case, the SDO (Revenue) issued notice to all the affected parties or their legal heirs and recorded their statements. Petitioner Kanwal Singh submitted before the SDO that he has purchased the land from Dev Singh by a registered sale deed dated 20.10.1975 and has not purchased any land from Manbodh or his sons. He stated that the land has been purchased after obtaining permission from the Collector on 13.10.1975.

(3.) Bramha Dayal, son of Manbodh stated that their father and uncle have sold the land to Dev Singh on 16.9.1972 but the land is possessed by Kanwal Singh. Initially the sale deed itself was to benefit Kanwal Singh but no sale deed was executed in his favour by his father or uncle. Kanwal Singh has obtained the land through Dev Singh by means of Benami transaction even though they had never intended to sell the land in favour of Kanwal Singh Gabel, who is non-tribal. He would further state that subsequent sale deed by Dev Singh in favour of Kanwal Singh was only with a view to legalise the Benami transaction. Similar was the statement of Naththuram, who would additionally submit that the land was in fact sold to Kanwal Singh in the year 1972 but the sale deed was executed in favour of Dev Singh and that the sale consideration of Rs.1,000/- was in fact paid by Kanwal Singh and has never sold the subject land to Dev Singh. It was further stated by Naththuram that Dev Singh does not reside at village Munund because he is the resident of village Tiur and would never come to the village Munund for cultivating the land.