HIGH CCURT OF CHHATTISGARH AT BILASPUR Writ Petition (C) No.44?2 of 1008 Petitioners 1. Anand Agrawa: Aged about 32 Years, Sic Late Shri Ramesh Agrawak. Rm B— 1, Samta Coiony Raipur (C.G.) 2. Smt.8ita Devi Agrawal W/o Late $hri Ramesh Agrawal‘ Aged 53 yrs. Rio B— 1, Samta Coiany, Raipur (C.G.) 3. Ritesh Kumar Agrawai Sio Late Shri Ramesh Agrawal. Aged 23 Yrs. Rlo 8- 1, Samta Ccicny, Raipur (C.G.) 4. Arjun .Das Prithwani Died and’ deieted Versus SmtManjurani Agrawal, aged about 43 yrs, Wlo’ Shri Radheshyam Rgrawah Rio Ankii, 27—8, $cuth Avenue, Choubey Colony, New Pragati CoHege, Raipur (C.G.} Asha Agrawal Aged 48 yrs, Wio Jagdish Agrawai, 073, Sector 1, Devendra Nagar, Raipur ((3.6) 3. Jugai Kishor Bung Aged 50 yrs, S/c Shri Ghanshyam Dasji Bung‘ R/o G— 91, Near National Lok Dainik Press, Samta Corony. Raipur (C.G.) Samta Sahkari Gri'n Nirman Samité A society registered under the Societiee Registrikaran Adhiniyam. 1373 Through us Chairmanlomcer in Charge, Ghirhuldih, Raipur (C.G.) 5. Municipal Corporation, Raipur Through the Commissioner Raipur (0.6,) 6. Joint Birecior Department of Town and country Manning, Tehsil and District Raipur (CLGJ State of Ch‘nattisgarh Through the Coiiector, Reipur (C.G.) Smt.$angeeta Agrawai, Aged 35 yrs, W/o Shri B.L.Agrawal. Mayur Bhawan. Timber Market, Fafadih, Raipur {c.G'.) Smt.Sanju Agrawai, Aged 34 yrs, Wie $hri Subhash Agrawai. Fiat No.202. Akshay ' Apartment, Custom and Respondents IN Z_ Central Excise Building, 13‘“ Cross, 11‘“ Main, Maileshwaram, Bengaiuru (Kamataka) 10. Smt.Kavita Mitta! Aged 30 yrs, Wio Shri Vijay Mittal‘ Rio 24. Commercia! Compiex, Housing Board Coiony, Katni (MP) (Writ Petition under Article 226 of the Constitution of mdia) MLJitendra Pali, counsel for the petitionera Mr.B.P.Sharma, ccunsel for respandents No.1 to 3. Mr.H.B.Agrawal, Senior Advocate with MrsMeera Jaiswai, caunsel far respondent No.5. MLAkhil Agrawai, Pane! Lawyer for respondent No.7/State. ‘ None present for respondents No.4, 6, 8, 9 and 10. (SB: Hon’ble Mr. T.P. $harma, JJ §RDER (30-8-201 1), 1. By this writ petition under Article 226 of the Constitution oi‘ india the petitioners have chaiienged the iegaiity & propriety of the order dated 4.7.2008 passed by the Board of Revenue in Revenue Case No.R.W./14lRiB-121l44/2008 and order dated 16.5.2008, passed by the Board of Revenue in Revenue Revision Case No.505iB-i2i/2t302—03, whereby the Board of Revenue has dismissed the revision Flied against the order dated 2.6.1997 passed by the Coiieotor, Raipur in Case No.34/B-121l1996-97 and has aiso dismissed the application for review. i have heard teamed counsel for the parties, perused the order impugned and documents med on behalf of the parties. 3. Learned counsel for the petitioners submits that being aggrieved by the order dated 2.6.1997 passed by the Collecton Raipur in Case No.34i8= 121/1 996=97, present respondents No.1 to 3 had preferred revision before the Commissioner, Raipur on 26.6.97 under Section 59 of the Chhattisgarh Land Revenue Code, 1959*(for short ‘the Code“). Vide C.G Land Revenue Code (Amendment) Act, 2003 (Act of 11 of 2003), the State Government has amended the C.G. Land Revenue Code and .- substituted Section 10 of the Code. As per amendment matter pending . ‘ before the CommissionersiAdditional Cammissioners were stand transferred to the Board of Revenue w.e‘f. 23.1 1 .2002. Subsequentiy vide Chhattisgarh Land ‘Revenue Code (Amendment) Ordinance 2008 (Ordinance No.1 of 2008), again revision pending before the Board cf Revenue pertaining to jurisdiction of the Commissioners i.e. transferred after 23.1 1 .2002 are transferred to ihe Ceuri of Commissionersi Learned counsei for the petiiioners further submits that revision was pending before the Commissioner on 23.112002 was transferred to the Board of Revenue in the tight of C.G Land Revenue Code (Amendment) - Act, 2003 (Act No.11 of 2003) which was pending till 5.4.2008 Le. date of coming into force of the Chhattisgarh Land Revenue Code (Amendment) Ordinance 2008 (Ordinance No.1 of 2008), therefore. by the act of the iegieiature, this case was again transferred to the Court of Commissioner. After 5.4.2008, the Board of Revenue was not having jurisdiction to decide the matter, but the Board of Revenue has decided and passed the order impugned after 5.4.2008 Le. on 15.5.2008 and when it was pointed out by the petitioners by'tiiing review petition, then same has been dismissed vide order dated 4.12008. 5. Learned counsel for the petitioners contended that after 5.4.2008 the Board of Revenue was not having jurisdiction to decide the matter and by deciding the reviston vide order dated 16.5.2008 and dismissing the review petition vide order dated 4.7.2008 the Board of Revenue has committed iilegaiity. 6. On the other hand, teamed counsel for respondents No.1 to 3 opposes the petition and submits that the Board of Revenue and the Commissioner were having concurrent jurisdiction in the matter of revision, therefore, by passing the orders impugned the Board of Revenue has not committed any iiiegaiity warranting interference in exercise of supervisory jurisdiction. 7. As per undisputed facts of the case, revision tiled by respondents No.1 to 3 was pending before the Commissioner, Raipur on 23.11.2002. Post of the Commissioner was aboiished and matters pending before the Commissioners were stand transferred to the Board of Revenue. Act No. 11 of 2003 came into force from 23.1 1 .2002. Section 1 of the Amendment Act, 2003 reads as under:- -3» . ‘W .Short tiiie and commencement-(1) This Acf may be called the Chhattisgarh Land Revenue Code (Amendment) Act, 2003._ (2) n shau came into farce from 23" November, 2902 (Twenty third November, Two Thousand Two ." As per amended Section 3 9f tne Amendment Act 2003 pre$ent rewslon pending before the Commussmner was transferred to the Eaard of Revenue In acccrdance w; h the provrsrons of substrtufw Section 10 (2) of the Code Sectxon 3 of the Amendment Act reads as under - “3. Substrtunon of Section 10.-Sectlon 10 of the Code shah be substituted by the fonowing:- “1 0.0) AH appeals, applications for revision. review and other proceedings under the Code pending before the Eoard of Revenue of Madhya Pradesh reiating to the State of ohhattrsgarh an 315‘ October zooz aha” stand t'ansferred to and, be heard and decided by the Board of Revenue of Chhaiiisgarh. (2) Aii appeais, applications for revision, review and other prooeedinge under the Code pending as on 23'“ November, 2002 before the Commissioners and Additionai Commissioners, ehaii stand transferred to and, be heard and decided by the Board of Revenue: Provided that ali bone fide decisions, proceedings and actions taken by the Commissioners or the Additional Commissioners appointed under the Code aner the 22““ November, 2002 till they relinquished office, shaii be deemed to be iegal and valid.“ Again post of the Commissioner was created vade Ordinance No 1 of 2008 (Chhattisgarh Land Revenue Code (Amendment) Ordinance 2008) and revision transferred from the Commissroner after 23 it 2002 (in the iight of Act No 11 of 2003) was again transferred to the Commissioners eeotion 2 of the Chhattlsgarh Lend Revenue Code (Amendment) Ordinance 2008 reads as under ~ 2 Amendment In Section 10 nFor Sub-section (2) and provrso of Section 10 of the Chhattisgarh Land Revenue Code 1959 (No 20 . of 1959) (heminafter referred to as the Principe! Act) the foiiowing s‘nail be substituted, namely:- “(2) (a) AH cases of :- (i) First appeai against the order of the Cotiector whether exercising the powers of Coiiector or Settlement Officer during the currency of settiement, pending before the Board; (ii) Second Appeal against the order of the 8ub- Divisional Officer or the Collector pending befor the Board; (iii)Second Appeai against the order of the Sub= Divisional Officer pending before the Collector; ~§__ shall stand transferred to the Commissioner. (b) All cases of revision, review and other proceedings which stood transferred to the Board from the Commissioner aher 23m November, 2002 and pending before the Board, shall stand transferred to the Commissioner; (c) in the case of revision instituted on an application made by any party after 23'“ November 2002 and pending before the Board the party may make an application for transfer of such case to the Commissioner and if such an appiication is made, the Board shall transfer the case to the Commissioner.“ i 9. In the iight of amendment in Section 10 of the Chhattisgarh Land Revenue Code (Amendment) Ordinance, 2008 by Ordinance No.1 of 2008, revision which was pending before the Board of Revenue was stand transferred to the Commissioner on 5.4.2008 and after 5.4.2008, the Board of Revenue was not having jurisdiction to decide the matter. it became functions offico. May be on account of not having knowiedge of the ordinance. The Board of Revenue has decided the revision on 16.5.2008, but after tiling of the review petition the Board of Revenue was under obiigation to recall its order which was without jurisdiction. in order to decide the review application filed before the Board of Revenue, the Board of Revenue was under obligation to consider the matter of the provisions contained in Section 51 of the Code and was also under e ‘ép‘ obiigation to consider the fact that after exercising aii due dmgence, ihe fact that revisions! jurisdiction relating to this case has been withdrawn by the ordinance and the Board of Revenue was not having jurisdiction to decide the matter, which was the substantial ground for review, the Board of Revenue instead of aliowing the review application an the greund of jurisdiction and the fact that order was of nullity has dismissed the review application and thereby commiited illegality. 10.Consequently, the writ petition is allowed, Orders impugned dated 16.5.2008 and 41.2908 passed by the Board of Revenue are hereby quashed. in the light of the Chhattisgarh Land Revenue Cede (Amendment) Ordinance, 2008, revision pending on 5.4.2008 before the Board of Revenue was subject-matter of the Commissioner, therefore, the Commissioner, Raipur after providing an opportunity of hearing to the parties shali decide the revision afresh. The Board of Revenue shall send the record to the Commissioner, Raipur tor further proceedings. Parties are directed to remain present before the Commissioner, Raipur on 12‘“ October, 2011 for further hearing of the revision. Considering the pendency of the matter since 1997, the Commissioner, Raipur shall expedite the revision and decide as early as possible preferabiy within a period of four months from today. No order as to costs. / ,/’/§1I— . . . Ty. sharma Judge