r~ tUGIlCOURT OF CHHATriSGARHAT BILASPUR SINGLE B6NCH : HON'BLE SHRI JAGDISH BHALLA, Ag. C.J. PEHTJ^^^. ""^: RESPONDENTS: Misc. Petition Case No.406 of 1892. 1. Rajaram S/o Dhaneshwar, aged about 55 years, by occupation Agriculturist, R/o Village Chhuipali, Tah. Saraipali, District Raipur. 2. Shridhar S/o Hajaru aged about 58 years, i, by occupation Agricutturist, R/o Village Chhuipali, Tah. Saraipali, District Raipur through the Attorney Bansidhar S/o Hajaru. 3. Upendra Kumar S/o late Tikeshar, aged about 36 years, by occupation Service, R/o Baloda Tah. Saraipali, District Raipur through Attorney Amritlal Bhoi son of late Tikeshar. 4. Balram S/o Dhajarami aged abouf 27 yeare, by occupation lAgriculturist, -R/o Village Chhuipali Tah. Saraipali, District Raipur. 5. Dhajaram S/o Dhaneshwar aged about 50 years, by occupation Agriculturist, R/o Vill. Chuipali, Tah/. Saraipali, District Raipur. 6. Rewashanker S/o late Shri Sohanlal aged about 34 years, by occupation Agriculturist R/o Village Saraipali, District Raipur VEBSUS 1. 2. 3. 4. 5. 6. State of Madhya Pradesh thrcugh the Coltector, Raipur. Sub-Divisional Officer, District Raipur. Mahasamund. Mahadeo S/o Damru Binjhwar Resident Village Chhudpali, Tahsil Saraipali Distt. Raipur. Anadi son of Pardeshi Binjhwar Resident of chhuipali, Tahsil Saraipali Distt. Raipur Sadashiv S/o Arjun Gond R/o Village Kotdhwari Tahsit Saraipali Distt. Raipur. Harihar S/o Nakul resident of Chhuipali Tahsil Saraipali Distt. Raipur. --^' 7. Smt. Chamarin Wd/o Ghasiram Resident of Village Chhuipati Tahsil Saraipali Distt. Raipur. 8. Smt. Indra D/o Ramkrishna, Resident of Village Chhuipali Tahsil Saraipali Distriot Raipur. 9. Sadanand Son of Durian, Resident of Village Chhuipaii Tahsit Saraipaii District Raipur. 10. Smt. Kaushatya D/o Gorango Resident of Village Chhuipaii Tahsit Saraipali District Raipur. 11. Murti, son of Jungi Resident of Viilage Salhabhaiai Tahsit Saraipaii District Raipur. Petition under Articles 22Qf227 ofthe Constitution of india ^.. Present: Shri L C. Das, counset for the petitioners. Shri SanjayS. Agrawal, Govt. Adv. for the State/ respondents No. 1 & 2. None for other respondents. ORALORDER (Passedon 13" June, 2007) This petition is directed against the order dated 09-03-1990 passed by Sub-Divisional Officer, Mahasamund, District Raipur, Admlttedly, it is case of the petitioners that the impugned order is an appellable order. I could hsive reiegated the petitioners to the appetlate Court, however, since the matter is as old as of 1992, l have proceeded to hear the matter on its own merits. The record has been verified. Respondent No.5 is no more. However, counsel for the petitioner has not moved any application fordeteting the name of respondent N0.5. Facts of the case are that the petitioners had purchased agricultural iand from Adiyasis. According to the petitioners pemnissicm was sought from the Cotlector, Raipur and the same was accorded, However, petitioners feited to comply with the provisions of Section 170-B (1) of the-Chhattisgarh Land Revenue Code, 1959 (for short, "the Code"). In these circumstances, a suo moftj notice was issued by the SDO, Mahasamund. The petitioners have also filed their reply to the said notice. Learned counsel for the petitionere submits that no opportunity was given to them to adduce evldence, therefore, the order is bad in law and it is liable to be set aside. However, the impugned orders cleariy indicate that evidence of the petitioners was recorded in which they admitted that they coutd not give necessary informatipn as required under the Code. Therefore, in these circumstances, it can not be said that the evidence was not adduced, or no opportunity was given to the petitioners. Though the petitioners have paid the. consideration for the purchase of land, but, sinoe the provteions of taw were not complied with by the petitioners, the SiX) has rightly passed the order for returning the tand to the Adivasis. Accordingly, no interference is warranted under Article 226 of the Constitution with the impugned order. The petition is dismissed. Ag. Chief Justice