GIRDHARI PAWAR Vs. SAVITRI BAI BARKADE

JUDGEMENT

(1.) This petition under Article 226 of Constitution of India has been filed seeking following reliefs :-

(2.) It is submitted by counsel for petitioner that by registered sale deed dtd. 13/1/1975 petitioner purchased land bearing Khasra nos. 296/1, 296/2 and 427 from Pandri. Thereafter, respondents no. 1 and 2 filed an application under Sec. 170 (B) read with Sec. 165 (6) and 7(B) of MPLR Code. The said application was allowed by SDO (Revenue) Chhindwara by order dtd. 18/7/2017 passed in Revenue Case No. 02/A-23/2015-16 and it was held that the land in dispute originally belonged to Umrao Gond who was member of original tribe and how the name of Pandri was got recorded in the revenue records has not been proved by the petitioner. Accordingly, sale deed executed by Pandri in favour of the petitioner was set-aside and an order of eviction of the petitioner from the land in dispute was passed and it was also directed that names of legal heirs of Parani Bai namely respondents no.1 and 2 be recorded in the revenue records.

(3.) Being aggrieved by the said order, petitioner preferred an appeal which too was dismissed by the Collector, Chhindwara by order dtd. 1/1/2018 passed in Revenue Case No.427/Appeal/2016-17. The orders passed by the SDO (Revenue) and Collector, Chhindwara were challenged by the petitioner by filing a revision before the Board of Revenue which was registered as Case No.1/Revision/Chhindwara /LR/2018/2305 which too was dismissed by order dtd. 31/8/2018.