!*' l^ Patitioner HSQH COURT OF CHHATTiSGARH AT BtLASPUR Writ Petition iCi No.7003 of 2809 State of Chhattisgarh, ihrough She Secratary, Commerciai Tax and D.K.S. 2. 3. Registration, Mantralaya, Bhavan, Raipur (CG) Versus SmtKardi Pande, agsd about 42 years, 'A'/o Shri J.P.F^nde, R/o H.i.G.-19, Arvindo Enciave, near Pachpedi Naka Chouk, Tikrapara, Raipur (CG). Shri Keshav Rao Bagde Died and deieted Board of Revenus, Chhsttisgarh, Biiaspur (Cireuit Court Raipur (CG) through the Registrar. (Writ Pstition under Artteis 226/227 ofthe Constitution of india) Mr.Sushi! Dubey, Govt-Advocate for the petitioner/State. Mr.Sachin Singh Rajput, Advocate appears on behalf of MrJ.P.Pandey, counsei for respondent No.1. (SB: Hon'faie . T.P. Sharma, J.) ORDERjORALi (25-8-2011) 1. By this writ petition under Articte 22^227 of the Const'rtution of indta the pstittoner/Stats has chaitenged the isga!ity & propriety of the order dated 23.3.2009 (Annexure P/2) passed by the Board of Revenue, Bliaspur (Circuit Court, Raipur) Sn Revenue Review Case No.R.W./14/Fy&-121/53/2(X®, dismissing the rsview petition fiied against the order dated 26.5.2CK)8 (Annsxure P/1) passed by ths Board ef Revenue, Bitaspur (eircuit Court, Raipur in Case No.M/14/R/B-l 21/57/2008 fiisd on ths basis of application fiied unsjer Section 8 read with Ssciion 32 of the ChhatBsgarh Land Revenue Coda, 1958 (for short 'Code') by respondent No.1. 2. The order dated 26.5.2008 rsvsais that present respondsnt No.1 has submitted She documents for its regisfration before the Sub-Regiatrar, faaipw. Ths Sub-Registrar, Raipur has postponed ttis rsgistrafen of the documents tiii produclion of required ciocuments in support of such registration. Balng aggrievsd, respondsnt No.1 has fiied application undsr Section 8 raad with AI'A Section 32 of the Code before the Board of Revenue for suitabie direction for regisfration of documents. White exercising ttie powsrs conferred undsr Section 8 rsad with Section 32 ofthe Codeanci considering thefact Shai Board of Revenue is also Chief Controlling Revenue AuthoriSy uisdsr Chapter V! of th®indian Stamp Act, 1899 (for short 'the Act, 1899'), Uie Boaiti of Revenue has directed for registration of the doeuments presented by respondsnt E*to.1 before the Sub-Regtetrar, Raipur competent authority for registration (rf the documents under ths provisions of ths Registration Act, 1908 (fer short the Ac{, 1^38'). Order was chailenged in revisw psUion by the presant pstitioner/State before the Board of Revenus and vids order smpugned ihs Board of Revsnus has dismissed th®review petitiora on the ground Shat ordor dated 26.5.2008 passed by the Board of Revenue is vaiid and iawfui order. 3. The Board of Revsnue is also Chief Rsvenue AuthoriSy or Chief Revenue Controilfng AuShority under Sestion 7 (1) of ths Code and competent So exercise {hs powere conferred by or under any Centrai or State Act. 4. in exeroise of powers conferrsd undsr SecBon 8 read with Section 32 of the Code and ihe fart fhat the Board of Rsvenus is aiso Chief Controlling Ra/enus Authority under Chapter V! of the Art, 1898, ihe Board of Revenue has passed frie order dated 28.5.2008. 5. By exsrcising such power ths Board of Revenue was not contpeterrt to direci the authority for registration of the documsnts undar the provisions of the Act, 1899. The Board of Revsnus has not smpowersd under the provisions oft'na Act, 1908 te) exercise any such power, inter aiia, deniai of ragistrstton of ihe documents is appeaiabie ordsr under Section 72 oftbe Act, 1908. This is not a case in which remsdy was not avaiiabie to respondsnt No.1 . in• tkese cireumstancss, the Board of Revenue was noi competent te pass any order under SecSion 8 read with Section 32 of ftie Code with the heip of Cha^er Vi of ttse Act, 1899 for registration of tha documents. 6. Consequentiy, the writ petitton is aiiowed. Orders dated 26.5.2008 and 23.3.20CB passscS by the Board of Revsnue are hereby quashed. However, pariy aggrieved by order of the Sub-Rsgistrar, Raipur rslating to registration of documents and denis! of registration is at libsrty to prefer an appeai undsr Section 72 of the Act, 1908 or for virtthdrawai of ths documents for its prssentation after appropriate amendmsnt in the iight of deaih of origsnai seiler ShriKeshsvraoBagde. Noorderastocosts. ___———— Sd/- T.p Sbarma Judge