BUDHDHELAL SAHU Vs. HARDAS

JUDGEMENT

(1.) THIS petition is directed, assailing the orders Annexure P-5 and P-9 passed by the Sub-Divisional Officer, Tikamgarh in Appeal No. 146/Appeal/83-84 dated 25.9.1992 and by the State Government in Revision No. 1-1 / 94/Revision dated 17.6.1997. By order Annexure P-5, the Sub-Divisional Officer allowed the appeal filed by the respondents No. 1,2,3 & 4 and the allotment made in favour of the petitioner was set aside on the ground that for the allotment of the land, procedure envisaged in Revenue Book Circular was not followed and the Naib Tahsildar had inserted certain words in the proceedings, which act was found to be contrary to law. Apart from this, the Sub-Divisional Officer found that no enquiry was made, that in fact there is some encroachment over the land, land is having trees or not, or the land is forest land or not, and the land is being used by the villagers for Nistar purpose or not. In absence of these, allotment was found to be irregular and was set aside. Against order Annexure P-5, petitioner preferred a second appeal before the Additional Commissioner, Sagar Division, Sagar,but it was dismissed as not maintainable by order Annexure P-6. Then a revision was preferred before the Board of Revenue, Gwalior Annexure P-7 but by order Annexure P-8 dated 14.12.1993, the Board of Revenue rejected the revision on the ground that it was having no jurisdiction to hear and decide the revision. Thereafter, petitioner preferred a revision before the State Government under the provisions of Revenue Book Circulars, which was heard and decided on merits. The State Government after reappreciating the facts found that the mandatory provisions for allotment of the land were not followed and confirmed the order passed by the Sub-Divisional Officer. Thus, these orders Annexure P-5 and P-9 are under challenge in this petition.

(2.) LEARNED counsel appearing for the petitioner submitted:

(3.) TO appreciate the rival contentions of the parties, record perused.