M u‘ii'Gi-i SOiiRT OF CFI'HATTESGARH A"? 3iLASPijR (S3: Hon'ble Mr. T.P.SHARMAg J) . Writ Petition No.1502 of 1§98 Loknath Vs. Siate of Madhya Pradesh ana others PGS‘T FCR PROUNCEMENT OF THE ORDER QNgQLBJL’mG \ Sd/m Ln. Shanna Judge HEGH 6639‘? {)F 3HHAT'E'ESGI-‘kRH AT 3§LASPL$§ Wré: Fetitiog: NG.15€}2 a§ $93 Laknath s/G Son Ssai Aghar§a agea‘ aboui SD yaars Occupation Agricuiture Viiiage Jarekeia, Tah. Gharghoda, Dist. Raigarh. Petih‘oaer esnondeni‘s 1‘ State cf Madhya Pradesh through Secmtary, Revenue Degartment, Vallabh Ehawan, Bhopai. 2. The (Emiectsr, Raigarh Dis€.Raigarh MP. (New CG.) 3. The sub mivismna; afficer (diva) Gharghora, DéstRaigarh, MP. {naw CG.) 4. Uttar Kumar sic Chadrabhan aged 24 years 5. Abhimanyu sic Chandrabhan aged about 22 years 5. Charteimn Wis Late Chandrabhan aged 42 years appiicants 4 t0 5 are by Caste Gond, véHage Jareksala. Tah. Gharghoda Gist. Raigarh. {Writ Petmcn under Articie 226i227 of the Ccnstitution cf mdia) Versus $3: [Han’ 3e Mr. TP. sharma: vi} .. .. g, ‘ Present- MrA$hish Surana, caunsei fbr the petitioner. MrAvinaehKMishra, 9am! Lawyer for feepondents N02 and 3/S€aie. MKMKSinhe: ceunse! fer respondents No.4 te 6. eeeeg (Deiévered an 25’“’Aegust, 2e1e} . By this petitien, the petitioner has oheiiengeti the initiatien er’ proceedings by the Sub {)ivisionai Qtftcer (Revenue), $harghoda, Btstrict Raigarh in Revenue t3ase No.Q5iA-23/§6—E-}7, whereby the SDO has initiated proceedings fer ebtaining, permieston for review of its own order dated 11 BJQSQ (Annexure N2) passed in Revenue Ease No.2GS/A-23188-89,‘ R K #2_ whereby the SDO has initiated praceedings under Seciian 173-3 6f the ChhattEsgarh Land Revanue Ccde, i959 (for short ‘the Code’) an the greund that the preeent peiiticne: has purehesed the §and from the =ovemment on auction. Thereaften agarn proceedings were initiated by the SDO and permission for review of its own arder was prayed and ebteined f . rhe year 1%7, after fapse ef 8 years. . E have heard learned counse! for the parffes, perused the order fmpugnea‘ and ofher documents r’fied on beheif of the petitioner . Learned counsei appearing for fne petitioner submitted that oniy the iend was hand by. Céovind Ram who has retinquished his rightih terms of 8eotion 17iE—B of the Code and after his reiinquishment; the éovernment ' has auctioned the lend and the present petitiener has purchased the teno‘ on auction from the Government. The petitioner has not forcefuiiy taken possession of the tend or he has not defrauded Bhurniswami right who is members of Scheduled Tribe and aboriginai tribe, therefore, any initiation of proceedings under Section 170-3 of the Code after iepse of eight years would be abused of process of law. . On the other hand, ieerned counsei appearing for respondents No.2 and 3 submitted that originaity the tend was hand byvGoVino‘ Ram, member of Scheduled Tribe and presentiy the land was in possession of the present petitioner who has not intimated the revenue authority relating to his possession, therefore, respondents No.4 to 6 are entitled for recovery of possession of the land in terms of 8eotion 170-5 ot the Code. Learned counsel further submitted that the Si‘30 has not committed any iiiegaii‘ty in initiating the proceedings and obtaining permission for review. . in the present case, as per document of the revenue record, initially the land was relinquished by one Govind Ram. After compiying the procedure prescribed, the iand was vested in the State. Thereafter, it was said on auction and the present petitioner has purchased the iand. Proceedings under Section 170-8 of the Code were initiated in Revenue Case No.205iA-23/88—89 which was finaiiy dropped vide order dated 11.8.1i989 “out again on 21 .4.t 9&7, proceedings were initiated. The SDO has appiied for permission for review of its own order. _3«-— 6. in the present case, as per revenue record, the present petitioner has purchased the §and on auction from €‘he Government after surrenciered of the tend by one Govind Ram. The petitioner has not disnessessed respondents No.4 to 6 or their predecessor entitted or he has not entered into iegat or iiiegai transaction with respondents No.4 to 6 or their predecessor entitiect. The revenue officer after oompiying the procedure prescribed has permitted Govind Ram for reiinquishrnent of his Bhumiswami right and after deciaring the same as Government iendl ihe revenue officer has auctioned the iend in accordance with the procedure preecribed. initiaiiy, proceedings under Section 170-3 of the Code were initiated but it was finaiiy dropped on the ground thai the present petitioner has purchased the iand from the Government not from the member of Scheduied tribe. Scheme of Sections 165 (6) or, 176-3 of the Code is to save downtrodden persons from mischief or mischievous ecti 'ity of other persons and to ensure their property and right but provisions of Section 170-3 of the Code has not been enacted with a view to deny iegai right of the persons or to defraud the person having iegai right under the garb of such scheme. in the present case, the revenue authority itseif after making necessary IK inquiry and compiying the procedure has deciared the iand as Government iand on the basis of reiinquishrnent of Bhumiswarni right and thereafter, they have soid the tend by way of auction to the petitioner‘ but without any ground, the revenue otncer inciuding the SDO has committed fraud and aii of a sudden again second proceeding was initiated, that too after lapse of eight years without any justification. The proceedings are not only iiiegai and unjust but are oompiete abuse of process of iaw. ‘ 8. In the similar circumstance, the High Court of Madhya Pradesh in WP. No.4475/1997 (Ravi Narayan v. State of MP. and others). has quashed the proceedings. . in the present case, initiation and continuance of such proceedings woutd not be just and iegat and wouid be otherwise abused of process of law, therefore, the petition is allowed. Proceedings pending before the SDO in ‘w\1A Revenue Case No.96/A-23/96-97 is hereby quashed No Order as ta f/l li _ l l it I Sd/u T'.P.Shsa rm costs.