HC—78 ^* 3wT^j 1^11^4, (jiTflWI^, Ririltiy t^). p- an^yr IH% (i^t^ai^w) SD^T W R-ii.sh ^T^n 3TT^T gb^ TOTRR ^lfta 3II^T PETITIONER/: (Non-applicant) Manohar Khan, S/o Noor Khan [Viusalman, aged about 32 years, P/'o Village: Jhilmiia, Patwari Haika 1^0.36, "Tahsil: Saraipa!i, Distt. [yiahasamund (C.G.) - Veitsus - RESPONDENTS/: 1. (Applicant) 2. ^A/rit petition under Article 2; 17-1-2008 Mr. Pushpendra Kumar Patel, The petitioner has questioned dated 31-10-2007 passed by the I have perused the impugned itional Collector, Mahasamund sbi'iiiyl'iil-l tIPraf 'if.fS^ ^fSR^ ^T sflg'T sn^r iairagi, S/o Late Avdut, aged about jtO ysars, R/o ViiSage: JhHmiia, Patwari Halte No.36, Tahsil: paraipali, Distt. Mahasamund (C.G.) ptate of Chhattisgarh, Through the ;o!l®ctor, Mahasamund, Distt. ji/iahasamund (C.G.) j7 of the Constitution of India} Sinale Bench: Hon'bte Mr. Justice L.C. Bhadoo |counsel for the petitioner. Mr. Sumit Verma, Panel Lawy^r for Vhe State/respondent No.2. Heard on admission. legality and correctness of the order Board of Revenue, Chhattlsgarh, |Bilaspur (Circuit Court, Raipur) in fjSevenue Revision No.RN/12/R/A-23/ j252/2(X)7, whereby learned Board e|f Revenue has allowed the revision jand set aside the order dated 19J-12-2006 passed by the Additional pollector, Mahasamund in Appeal N4.10/A-23/2006-07. ^rder as atso the order passed by the |on 19-12-2006 in appeal and the [original order dated 17-3-1993 pa^sed by the Sub Divisional OfRcer Hi s / ,;.e'i-8:, •», {•••' • '-f:: ' ^assyxwc-js ^- ^ ^P<-y ^' 3-^ ^mi?Rr, ^ftms, iairtiyi< ira% ( s^s v\ fsii-* ! (Wran^TsBiira' ^Riiwgtoi sii^w (Revenue), Mahasamund in R| whersby the land in question bea| has been ordered to be reverted Bairagi. Perusal of the order pas wenue Case No.184/A-23/Year 87-88 t-ing Khasra No. 142/2 area 0.036 hectare jback to the family of the ab original tribe ^ed by the S.D.O. shows that the S.D.O. vide order dated 17-3-1993 (Artnexure P-3) after gh/ing notice to the petitioner herein passed order Thereafter, the petitioner herein the first time, he preferred an a order dated 19-12-2008 passed b|y the Additionai Coitector, Mahasamund, shows that an application under an affidavit was filed, but no orde in respect of condonation of dela; Additional Collector allowed the Board after considering the recorcf in respect of condonation of d Moreover, the land in question i. was in the name of Avdut in the his heirs Bairagi & othere. How entered on 21-10-1959. Therefo finding of the Additional Collectoi petitioner herein prior to 1959 wa; The Board further held that as irj •lillfd^l'l WR?lf '^f.'is^ ^fti^R ^TaTRiHsn^r for reversion of the land to Bairagi. emain silent for about 13 years and for ipeal in the year 2006. Perusal of the ection 5 of the Limtetion Act along with was passed by the Additional Cotlector in filingtheappeal after 13years. The appeal and revereed the order of the S.D.0. This point has been rais^d before the Board of Revenue and the reached to the conclusion that no order lay in filing the appeal was passed. .^. Khasra No. 142/2 area 0.036 hectare ^ear 1954-55, thereafter, in the name of ^ver, name of the petittoner herein was (•e, the Board of Revenue hetd that the that the land was in the name of the incorrect and was not based on record. the year 1954-55 the land was in the name of Avdut and thereafter, inj the name of his legal heirs Bairagi & others, the provisions of Section 1J70-B of the Chhattisgarh Land Revenue Code, 1959 was attracted. Tl^e petitioner herein had not ffled any 3&-HC—78 -Sv^ -^ww^, Srfly'Kc, (Si^i'My co.P, (c^s^^ sn^r TRW (Tpfg^Ei) SW^V ?iT R-li'* ~S^ an^T sn^i^ Soma TOITO:'(ifOT sn^t hiih statement that how he came intc) given notice and after hearing passed. In the circumstances, 1 do order impugned. The Board iurisdictional error and there is no Board of Revenue. The writ and it is hereby dismissed, at the Consequently, I.A.No.1 [not find any illegality or infirmity in the Revenue has not committed any ^round to interfere with the order of the is therefore, liable to be dismissed ajdmisslon stage ftself. disposed of. —-— petlflon starids <*i'i|f<']4l-)iWRt{ 'if.fe^t <(«i^l< '^aifiitisn^i possession of the said land, he was only, the order dated 17-3-1993 was Sdl- L.C. Bhadoo Judge h-