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2020 Supreme(Chh) 264

P.R.RAMACHANDRA MENON, PARTH PRATEEM SAHU
TULSI SON OF LATE CHAIN SAI GOND – Appellant
Versus
BOARD OF REVENUE, CHHATTISGARH, BILASPUR, CHHATTISGARH – Respondent


Advocates Appeared:
D.N. Prajapati, Advocate, Vikram Sharma, Advocate, Prafull N Bharat, Advocate

JUDGMENT

Parth Prateem Sahu, J. - Correctness and sustainability of the order dated 19.06.2019 passed in Writ Petition No.363 of 2006 is put to challenge in this appeal wherein the learned Single Judge allowed the writ petition in part, set aside the order passed by the Board of Revenue and further enhanced the amount towards value of land fixed by the Sub Divisional Officer (Revenue), Surajpur (hereinafter referred to as 'SDO (R)') by Rs.2 Lacs to be paid to the Appellants/Respondents No.4 to 8 therein.

2. Facts of the case in nutshell are that, the Patwari, Halka No.51, Revenue Circle Surajpur, submitted a report to the SDO (R) mentioning therein that lands bearing Khasra Nos.2403, 2404, 2405 and 2407 admeasuring 0.085, 0.048, 0.012 and 0.012 hectares respectively have been recorded in the name of Kishori Lal Agrawal i.e. Respondent No.4 herein, but in Bandobast Mishal of the year 1946, the aforementioned lands have been shown to be owned and recorded in the name of Gopal Gond S/o Pandit Gond (aboriginal Tribe).

3. Based upon the aforementioned report submitted by the Patwari, the SDO (R) registered a case under Section 170-B of the Chhattisgarh Land Revenue Code, 1959 (hereinafte

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