BABULAL Vs. BOARD OF REVENUE

JUDGEMENT

(1.) THE petitioners Babulal and his son Rajkumar, by means of this petition have approached this Court for seeking relief for quashing the orders dated 29.3.76 and 18.2.82 passed by the Competent Authority (Annexures-B and D to the petition) and order dated 31.1.86 passed by the Revenue Commissioner (Annexure-G to the petition) and also the order dated 15.10.86 passed by the Board of Revenue (Annexure-H to the petition) and also for issuance of a direction to the Competent Authority to take subsequent events into account and pass suitable orders in accordance with law.

(2.) THE brief facts are :-

(3.) NOTHING further was done on the appeal filed by Babulal against the order dated 29.3.76. In the revision, nothing was argued on merits and only the attention of the Board of Revenue was invited to the order dated 29.12.75 whereby the Competent Authority declared the sale of the land to Sheo Narayan and Shri Ram on 19.4.73 as void. The order dated 29.12.75 is as extracted below : ...[VERNACULAR TEXT OMMITED]... This order had nothing to do, as far as Kasturibai was concerned. The land transferred to Sheonarayan and Shri Ram was 15 acres and for passing this order, the procedure prescribed under section 4(1) of the Act was not followed and no information under this order was given to the party and therefore, the said order dated 29.12.75 could not be upheld and since the order suffers from procedural infirmity, therefore, it was prayed that this order may be set aside in suo moto exercise of power. The Board of Revenue found that proceeding before the Competent Authority which passed the order dated 29.12.75 suffers from procedural irregularity and both the purchasers i.e. Sheonarayan and Shri Ram were not served with the notice and accordingly, the Board of Revenue in exercise of the suo moto power found that the order passed in revision against the order dated 27.6.77 does not require any interference. However, in exercise of the suo moto power, the order dated 29.12.75 was set aside and the Competent Authority was directed for making enquiry in regard to the aforesaid two transfers made in favour of Sheonarayan and Shri Ram following the procedure under section 4(1) of the Act and consequent upon the passing the order under section 4(1) of the Act, if any change is required in the revisional order i.e. the order dated 27.6.77, then the same may be made therein, otherwise, the order dated 27.6.77 shall be treated as final. This direction was only of a limited scope, that is an enquiry regarding the transfer made in favour of Sheonarayan and Shri Ram was to be made and if the land transferred in favour of Sheonarayan and Shri Ram is found to be valid, then the benefit of the same be given by modifying the order dated 27.6.77 and if the transfer in favour of Sheonarayan and Shri Ram is found to be void, then the order dated 27.6.77 shall remain intact.