BUDHUWA CHAMAR Vs. BOARD OF REVENUE

JUDGEMENT

(1.) INVOKING the extraordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for issue of a writ of certiorari for quashment of the order dated 17.7.2000, Annexure P-5, passed by the Board of Revenue.

(2.) IT is urged in the petition that the Board of Revenue has held that the petitioner was a Bhumiswami and therefore, he was competent to transfer his land by way of sale, though such a finding is contrary to the provisions of the Code. Various other averments have been made to show that the petitioner is in possession of the said land. A proceeding under section 145 of the CrPC was initiated wherein the possession of the respondents no. 4 and 5 was not declared and criminal revision filed by them was also dimissed by the Sessions Court.

(3.) A return has been filed by respondents no. 4 and 5 and they have submitted in the return that the order passed by the Board of Revenue is absolutely correct and does not warrant interference. It is also put forth that the petitioner had filed Civil Suit No. 3-A/89 before the Civil Judge, Class II, Londi, for declaration that the sale deed executed by the petitioner was void and the mutation done was illegal, but eventually, the suit was withdrawn as compromise had been effected.