'•»> r^. Biali,,, Ks^- ^ HIGH COURT OF CHHATTISGARH AT BILASPUR W.P. N0^4531/1997 Petitioner Vs. Respondents 1. 2. 3. 4. Smt. Gyanmati w/o Udayram, aged about 50 years, resident of Village Jarekela, P.CN No. 37, Tahsil Gharghoda, Dist. Raigarh. State of Madhya Pradesh through Secretary, Revenue Department, Vallabh Bhawan, Bhopal. The Collector, Raigarh, District Raigarji, M.P. The Sub Divisional Officer (Civil), Gharghoda, Dist. Raigarh, M.P. Ramlal s/o Thandaram Kanwar, aged about 45 years, resident of Village Jarekela, Tahsil Gharghoda, Dist. Raigarh. WRIT PETITION UNDER ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA. (SB :Hon'ble Mr. T.P.Sharma, J.) Present:- Shri Ashish Surana, Advocate for the petitioner. Shri Akhil Agrawal, P.L. for the State/respondents No. 1 to 3. None for the respondent No. 4. ORDER 2. 3. (Passedon 21/09/2011) By this petition under Article 226 & 227 of the Constitution of India petitioner has challenged the legality and propriety of the order dated '21/4/J997 passed by Sub-Divisional Officer (Civil), Gharghoda in Revenue Case No. 73/A-23/1996-97 by which Sub- Divisional Officer initiated proceeding under Section 170-B of the Chhattisgarh Land Revenue Code, 1959 (in short 'the Code'). Shri Ashish Surana, Advocate for the petitioner and Shri Akhi] Agrawal, P.L. for the State/respondent No. 1 to 3 are heard. Learned counsel for the petitioner submits that originally land was relinquished by original owner thereafter after applying procedure, Revenue Officers auctioned the land. Present petitioner is auctioned purchaser of the agricultural land. As per documents, present petitioner has not purchased any land from any member of aboriginal tribe or has not entered into fraudulent transaction with fWV?^"' |Bf|saai|;|g?. ,'r:- •^— member of aboriginal tribe but has purcliased agricultural land from Government auction. After auction of land by Government, any further proceeding that too by Government machinery is complete abuse of process of law. 4. Present case squarely covered by the order dated 25/8/2010 passed in W.P. No. 1502/1998 by this Court. Consequently, initiation and continuance of such proceedings would not be just and legal and would be otherwise abused of process of law, therefore, petition is allowed. Proceedings pending before the Sub- Divisional Officer (Civil), Gharghoda in Revenue Case No. 73/A- 23/96-97 is hereby quashed. No order as to costs. Sd/- T. P. Sharma Judge :?tsl l!"t Ui