^^- HiGH COURT OF CHHATTSSQARH AT BiLASPUR Writ Petttion (0 No.3538 of 2038 Petitioner RespondentNo.1 State of Chhattisgarh, through Coliector, JanJgir-Champa (C-G) Versus 1. Board of Revonuo, BiSaspur through Registrar. 2. Ramkhitawan, agod about SO years, S/o Rikhi Ram, R/o viliage Bodsara, Tahsii Champa, District Janjgir- Champa (CG) 3. Rudroshwar Sharan Singh, aged 62 years, S/o Chitrabhan SJngh, Caste Tanwar, Ex.Landlord, R/o viiiage Champa, District Janjgir-Champa (Writ Petition under Articie 226/227 of the Constitution of India) Respondents Respondent Applicant ResDondent Respondent No.2 Mr.SushiS Dubey, Govt.Advocats for the petitioner/State. Mr.V.K.Pandey, counsei for respondent No.2. Mr.Ashok Verma, counsei for respondent No.3. (SB: Hon'ble Mr. T.P. Sharma, J.) ORDER (7-9-2011) 1. By this writ petition under Article 226/227 of the Constitution of (ndia th@ petitioner/State has chaiSenged the iegafity & propriety of the order dated 22.2.2006 (Annexure P/5) passed by the Board of Revenue, Biiaspur in Revenue Revision Case. No.381/A-90(B)/2003-04, whereby the ordsr dated 19.7.2004 passod by the Additional Cotlector, Janjgir Champa in Ceiiing Case No.2/A-90(B)/2003-2004 has been quashed. 2. I havs heard iearned counse! for the partiss, perused the order impugned and other documonts fiied on bohasf ofthe partses. 3. Learned counsei appearing for the parties submit that ths present csss is squareiy covered by the order dated 12.8.2011 passecj by this Court In W.P.Nos 3005/2006 & 3006/2006. /.-^.'% I 1 '^ ^ .^'' .^' ^ 4. OrcSer dated 19.7.2004 has been passed by the Additjonai Coliector, Janjgsr Champa and ho is competent under the provssions of the Chhattisgarh Land Rovenue Code, 1958 (for short 'Code') to pass such order. On 18.7.2004 post of the Commsssionor was not in existonco in State of Chhattisgarh and vido Chhattisgarh Land Revenue Code (Amendment) Act, 2003 (Act of 11 of 2003), order passed by the CoiSsctor was appeabie before the Board of Revenue. in the iight of aforesaid amendmsnt, order dated 19.7.2004 passed by the Addstionai Coiiector, Janjgir Champa was aiso appeabie under Section 41 of the C.G. Ceiiing on Agricuiturai Hoidsngs Aet, 1960 (for short 'the Act') and revision was not maintainabie in the iight of second proviso to Section 42 ofth©Act. 5. Considering the aforesaid Segai provisions and the fact that case is \ squareiy covered by the order dated 12.8.2011 passed by this Court in W.P.Nos 3005/2006 & 3006/2006, the writ petition is aiiowsd. Order impugned dated 22.2.2006 passed by the Board of Revonue js hereby quashed. Case is remitted to the Board of Revenue in the Sight of Ordinance NoJ of 2008 (Chhattisgarh Land Revenuo Codo (Amendment) Ordinance, 2008),whereby post of the Commissioner has aiready besn oreated. The Board of Rovenuo shaiS proceed sn accordance with tho provisions of Section 44 of the Code read wiih Seciion 41 of the Act. Psrties aro dirocted to remaln present beforo the Board of Rovenue, Biiaspur on 21.9.2011 for further proceedings of the case. No order as to costs. Sd/- T.P.Sharma Judge /