GANESH RAM KANWAR Vs. GANESH PRASAD TELI

JUDGEMENT

(1.) Challenge in this petition is to the order passed by the Board of Revenue, Chhattisgarh on 14/3/2007 allowing the appeal preferred by the respondents No.3 to 5 namely; Avataar Singh, Onkaar Singh & Jagjeet Singh, respectively to set aside the order passed by the Collector, Korba, on 29/5/2000 and that of the Sub Divisional Officer (Revenue), Korba, on 13/3/1997.

(2.) There is no dispute that the petitioners belong to and are members of aboriginal tribe and are resident of Korba, which is a scheduled area as notified for the purpose of Sec. 165 (6) of the Chhattisgarh Land Revenue Code, 1959 (for brevity 'the CGLRC').

(3.) Original holder Kondaram was possessed of the subject land bearing Khasra No.148/3 area 1.00 acre and khasra No.157/10 area 0.78 acres at village Pandripani, PC No.5 (old No.69), RI Circle, Tahsil & District Korba. The subject land was sold to a non-tribal Ganesh Prasad Teli by sale deed dtd. 22/2/1977 after obtaining permission from the concerned Collector on 22/2/1977.