AJAY KUMAR NAG Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) In the instant petition, the challenge is to the order dated 29.05.2013 passed by Respondent No.1, the Secretary to the State of Chhattisgarh, Revenue and Disaster Management, in exercise of power of revision conferred under the Revenue Book Circular Part V, Rule 30 which deals with Appeal, Revision, Review etc.

(2.) The petitioner claims his title on the basis of a Will executed by Rani Bala Nandi @ Deepika, wife of Col. Shantipad Nandi. The petitioner contends that the dispute is relating to land bearing Kh.No.409 admeasuring 2.023 hectares situated at village Temri, Tahsil and District Raipur. It is contended that initially the land was allotted on lease by the Tahsildar to one Colonel Shantipad Nandi, Son of Nagendra Nath Nandi since he was an Ex-Army Man. The allotment was made vide order dated 11th October,1973 passed in Revenue Case No. 1306-A/59/1972-1973 under the relevant provisions of Revenue Book Circular. It is further stated that in the year 1985, the Bhumi Swami rights was conferred to Col. Shantipad Nandi and after death of Col. Shantipad, the name of his wife Smt. Rani Bala @ Deepika Nandi was recorded in the land revenue records. Copies of respective Rin Pustikas have been placed on record. It is stated that the said land was bestowed on petitioner who was nephew of the Deepika Nandi by way of Will dated 28.12.2006 thereby he inherited the property after death of Deepika Nandi who died on 28.04.2007 at Raipur. The copy of the will is placed on record.

(3.) It is contended that over the disputed land which was given to Col. Shantipad Nandi, the agricultural activities were carried out from the initial date without any interference. It is further case of the petitioner that some of villagers namely Shambhu and others had challenged such grant of Bhumi Swami right in favour of Rani Bala Nandi wife of Col. Shantipad, whose name was recorded in land records. The challenge was made before the Sub-Divisional Officer, Raipur. The Sub-Divisional Officer by order dated 04.05.1987 set aside such grant of Bhumi Swami right conferred to Shantipad Nandi, the initial grantee. Against such order of SDO, an appeal was preferred before the Additional Commissioner, Raipur, by Rani Bala Nandi, the widow of Shantipad Nandi. The Additional Commissioner in Appeal No.328/A- 6/86-87 rejected the objections filed by the villagers vide order dated 29.02.1988 and held that the land was rightly allotted to Col. Shantipad Nandi and the appeal was converted into revision. Though it was held by the Commissioner that the land was allotted to Col. Nandi and the allotment, if any, could have been done by the Collector, however, by setting aside the order of the SDO dated 04.05.1987 the matter was sent to the Collector to exercise suo motu revision for consideration. The villagers namely Shambhu, Dhaniram, Pyarelal Satnami, Dujeram, Kartikram, Fodar, Jagdish, Jivrakhan, Hemlal, Kartikram whose contentions were dismissed by the Addl. Commissioner had filed a Revision before the Board of Revenue at Gwalior. The revision was registered as 203-A/88. The revision before the Board of Revenue was dismissed on 17.03.1993 holding that since the allotment of land was made under the Revenue Book Circular (RBC), as such, the revision under the Land Revenue Code before the Board of Revenue would not lie.