SHAHEED ANWAR Vs. BOARD OF REVENUE

JUDGEMENT

(1.) APPEALLANT was owner of 3.428 hectares of land situate in Village Golpurapada, Tehsil Gandhwani (Dhar). He applied for exchange of this land which was granted by respondent No. 2 vide order dated 14.2.96 and pursuant thereto, he took over possession of 3.174 hectares of Government land comprising in survey No. 33. Eversince he took possession of the land which he had also developed. It is alleged that later successor in office of respondent No.2 made a report to Commissioner (Revenue), Indore and requested him to undertake a suo moto revision of the exchange deal or to grant him permission to review it. The Commissioner referred the matter to Revenue Board which granted permission to review the order of exchange vide order dated 24.6.98.

(2.) APPELLANT challenged this order in W.P. 926/98 on the ground that exchange of land was granted under RBC IV(3) - an executive circular and not an enactment and thus the provisions of section 5 of Land Revenue Code providing for review were not attracted to the case. But his petition was dismissed after it was noticed that he was put on notice by the Collector in the review proceedings.

(3.) THERE is no dispute that the order of exchange was passed under the revenue circular, but it remains to be seen whether such circular could be treated as subordinate legislation fall within the purview of expression "enactment" used in section 56 of the Land Revenue Code. But all that was unnecessary to be examined because appellant's primary grievance was that Revenue Board had accorded sanction to review the order of exchange dated 14.2.96 at his back and without hearing him and in violation of principles of natural justice.