HJGHCOURT OF CHHATTISGARH ATBILASPUR WRITPEnTION(CtN0.33SB9of2007 Petitioner Kedar Natti S/o. Mukunda,R/o. Viltage Tendumuda, Tahsil Pendra Road, Distt. - Bitaspur (C.G.) Respondents Versus 1. Chain Sb^h, S/o. Daya Stngh, Caste-Gond, Rto. Village Rajhaprra (Korba), Tahsil - Pendra Road, Distt. - Bilaspur (C.G.) 2. State of ChhatUsgarh, Thnaagh : Coliector, Bilaspur (C.G.) 3. Revenue Bcard of Chhattisgarh, Distt - Bllaspur (C.G.) WRIT PETITION UNDERARTICLE 227 OF THE CONSTITUTION OP INDIA Singie Beneh:- Hon'bte Shri Justice Satish K. Agnihotri Present:- Shri D.R. Shanna, Senior Advocate withMs. Anita Singh, Advocate for the Petitioner. ORD6R (Passed on this 11m day of June, 2007) The only question raised m this peUUon is asto wheBier a ttibal who was dectared to be an aboriginal tribe under sub-sadion (6) of Section 165 of the Chhattisgarh Land Revenue Coda, 1959 (hereinafter referred to as the Code, 1959') can chaltenge the sato deed of the disputed land m favour of the peUtioner aftsr a period of two years. All the facts are admitted. Leamed counsel appearing for the petNtoner cwitends Siat the application dated 28.11.2001 made by ttie respondent No. 1 wtth regard to the sale deed dated 28.7.1978 in favour of the petitioner was not maintainabte under the prowsioras of SeGdon 170-B <rf the Code, 1959. The dlsmissal of the revlsion by the Boant of Revenue, ChhatUsgarh, Bilaspur was bad as the Board of Revenuo has not considered the jurisdiction <rf the Sub-Divisiond Offieer (Revenue), ^x.'1 Pendra Road about maintainability of the appUcatton after a pertod of two yeare under the provislonsof SecUonlTO-B of the Code, 1959. Sub-section (1) of Sectton 170-B of the Code, 1959 contemplates that a pereon who is in possession of the agrteultural tend which belonged to a member of a tribe, which has been dectered to be an aboriginal tribe, shall wtthin two yeare <rf such commencement, notify all the information asto how he has come in po%esslen of such land to the Sub-Divisional Officer in such foRn snd In such manner as may be prascribed. Sub-secUon (2) of SecUon 170-B of the Code, 1959 contemplates that if such pereon fails to noUty the infbrmation as required by sub-secUon (l)witt'iin tt>e speelfled period, tt shall be presumed that such pereon has been In possession of the agriculturat land vrithout any tawftjl authority and such land shall on the expiraUon of the period woutd teweit to the person to whom it originally belonged and if that pereon be dead, to his legal heirs. The petitioner ts an alleged purchaser from ttie responctert No. 1, thus, the liability is on the petiUener to notWy all the information wtthin a period of two yeare, failing whlch the same weuld be cfeclared as unlawful possession. The petltioner, it appears, has not notified his possession aid the Sub-Dlwsional Offlcer took the acflon on the basis of the ap^teation made by the respondent No. 1 who happens to be a Wbe declared to be an aboriginat tribe. It is beneflcial to quote the provisions of Section 1 70-B of the Code, 1959 which reads as under:- "[170-B. Revereion of land of members of aboriBlnd tribe whteh was transferred by fraud.-(l) Every persen who v on the date of commencement of the Chhattisflarh Land Revenue Code (Amendment) Act. 1980 ^ereinafter referred to as the Amendment ^ffit of 1980) is in possrestom of agriGUltural land which belonged to a member of a tribe which has been declared to be an aborigmal trtbe under sub-sectien (6) of section 165 between the period commending on tt>e 2nd October, 1959 and ending on the date ofttie commencement of Amendment Act, 1980 shall, within [two yeare] of such commencement, notlly to e Sub-Divistonal Officer in sudi form and in such manner as may be prescribed, all the informrtion as to how he has come in possession of such land. (2) if any person fails to notffy the infermation as required by sub-section (1) wlthin the period specffied therein it shall be presumed that such peison has bsen in po^essien of the agricultural land wlttout any tawful auttiority and tts agricultural land shall, on the explration of the periwl aforesald revert to the person to whom tt origmally betonged and If ttiat person be dead, to his legal heire. P-A) If a Gram Sabha In the Scheduled area raferred to in ctause (1) of Article 244 of the Coretitution ffrids Uwrt any person, other than a member of an aboriginal tribe, is in possession of any land of a Bhumiswami betongmg to an aboriginal tribe, wlthout any lawful authority, it shall restore ths possession of such land to that pereons to whom it origiirally belonged and if ttat person is dead to his tegai helrs: Provided that ff the Gram Sabfta falls to restore Uie possession of such land, it shall refer the matter to the Sub- Dh/isional Officer, who shall restore the possesslon of such land within three months from the date of recelpt of the reference.] (3) On receipt of the Information under sub-section (1), the Sub-Divtsional Officer shall make such enquiry as may bs deemed necessary about all such transacUons of transfer and if he flnds that the member of aboriginal trtbe has been deftauded of his legitimate right he shall dectare the transadion null and void and pass an order revesttng the agricuBural land in the transferer and, if he is dead, in his legal heire.} [(3) On receipt of ttie informatton under sub-sertlon (1) the Sub-Dhrisional Officer shall malce such enqufry as may ir 8. necessary about att such transactions of transfer and if he flnds that the member of aborigfnat trtbe has been dtfraucted of his legitimate right he shalt declare the fransaction null and vokl and- (a) Where no buikttng or structure has been erected on the agricuttural land prior to such flnds pass an efder revesting the agricultural land in the transferer and if he be dead, in his tegal heire, (b) Where any butlding or structure has been erected on the agricultural land prior to such fintting, he shall flx the price of such land In accordance with the prtnc^les teid down fer flxation of price of land in ttie Land Acquisttton Act, 1894 (No. 1 <rf 1894) and oreler the pereon rrferred to in sub-section (1) to pay to tha trareferer the difference, if any, between the price so flxed and the price actually pald to the tran^erer: Provided that where the bulkting or ^ructure has been erected after the 1st day of January, 1984 the provistons of clause (b) above shall not apply: Provided further that flx^ion of prt»under clause p>) shall be vrith reference to the price on the datB of registration of the case before the Sub-Dhrisonal Offteer.]" 1 have heard leamed counsel appearing for th®pdittoner, penreed the pteadings and documents appended thereto. t have not fbund any infirmity, illegality or jurisdictional error in the ordw. Contentton df leamed counsel appearing for the petiUoner that the appllcsrtimi was not maintainabte be/Sote the Sub-DMsionat Offlcer Is rajected in \riew of unambiguous and ctear provisions of taw (supra). The impugned order is unsxcepUonabte and does n<rt wanant any jnterierence. Thus.thewritpetittonisdismissedsummarily. | Sd/- SatishK.Agnihotri Judge B/ ^