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2015 Supreme(Chh) 8

T.P.SHARMA, I.S.UBOWEJA
Yadram – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates Appeared:
Mr. A.K. Prasad, counsel for the petitioners.
Mr. J.K.T. Gilda, Advocate General with Mr. Ramakant Mishra, Deputy Advocate General and Mr. Roshan Dubey, Panel Lawyer for the State/ respondents No.1 to 3.
Mr. Alok Bakshi, counsel for respondent No.4.

ORDER

T.P. Sharma, J.

1. This reference has been made by the learned Single Judge (Hon'ble Mr. Justice Manindra Mohan Shrivastava) under Rule 32 (2) (ii) of the High Court of Chhattisgarh Rules, 2007. Vide order dated 3-9-2014, Hon'ble the Chief Justice has directed to place the reference before this Bench to answer the following referred question of law:

"Whether the provision of Section 170-B of the Chhattisgarh Land Revenue Code, 1959 inserted vide M.P. Amendment Act No.15 of 1980 with effect from 24-12-1980, are applicable in respect of transactions prior to commencement of Chhattisgarh Land Revenue Code, 1959, involving transfer / acquisition of right by a non-tribal over a land which, before such acquisition of title or interest or transfer, belonged to a member of tribe who has been declared to be an aboriginal tribe under sub section (6) of Section 165 of the C.G. Land Revenue Code, 1959?”

2. Scope of application of the provisions contained in Section 170-B of the Chhattisgarh Land Revenue Code, 1959 (for short 'the Code') relating to the period of its application was first considered by the learned Single Judge of this Court (Hon'ble Mr. Justice Prashant Kumar Mishra) in the






























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