RAVI NARAYAN Vs. STATE OF M P

JUDGEMENT

(1.) BY this petitioner under Article 226/227 of the Constitution of India, the petitioner seeks to challenge the initiation and continuation of the proceeding recorded by the Sub-Divisional Officer and registration of Revenue Case No. 138/A-23/96-97.

(2.) BRIEF facts necessary for disposal of the present petition are that the present petitioner after seeking permission of the Collector purchased particular survey numbers belonging to Smt. Belmati Wife of Sindhu Nagwanshi. The Collector by his order dated 3.1.73 permitted said Smt. Belmati to sell Survey. No. 806, 808, 809, 810/2, 817/2, 817/1, 829 and 810/3 (total eight survey numbers) admeasuring 2.073 hectares for a consideration of Rs. 10,360. A registered document was executed by Smt. Belmati in favour of the petitioner on 8.1.1973.

(3.) ON 31.7.97 i.e. almost after eight years of the first order, the SDO on strength of certain reports submitted by the Patwari recorded that the earlier order passed on 18.8.88 was not in accordance with law. It did not take into consideration as to whether proper consideration was paid to the original holder or not and what would be the effect of non-submission of the information by the present holder in accordance with section 170-B( 1) of the Code, proposed review of the earlier order. For the said purpose, he referred the matter with records to the Collector. The Collector by his order dated 24.9.97 considered the proceedings and granted permission to the SDO to review the earlier order. The petitioner is aggrieved by resumption of the proceedings initiation of review proceedings and grant of the permission by the Collector.