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2021 Supreme(Chh) 60

RAJENDRA CHANDRA SINGH SAMANT
Satyanarayan, S/o. Lt. Ramprasad – Appellant
Versus
Babulal Agrawal, S/o. Lt. Kishunchand – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. A.N. Pandey, Advocate
For the Respondent.:Mr. Sanjay Agrawal, Mr. Alok Nigam, Govt. Advocate.

ORDER :

1. This petition under Article 227 of the Constitution of India has been brought being aggrieved by the order dated 14.09.2012 (Annexure P-1), passed by the Additional Commissioner, Sarguja, Division – Ambikapur in Revenue Case No.19/A-23/2009-10.

2. It is submitted by the learned counsel for the petitioners that grand father of the petitioners, Kashiram, S/o. Magan was a member of aboriginal tribe and title holder of the land bearing Kh. No. 61 measuring area 1.62 acres and Kh. No. 62 measuring area 30.26 acres. It is submitted that by fraud and forgery, the name of Nanka Panika was entered in the revenue records and on the basis of this erroneous entry, the disputed property has been sold by Nanka Panika to the respondent No.1 by registered sale deed and therefore, the land of the member of aboriginal tribe has been transferred by a fraudulent sale.

3. It is further submitted that late Ramprasad, the father of the petitioners filed an application under Section 170-B of the C.G. Land Revenue Code, 1959 seeking restoration of the disputed land, before the Court of Sub-Divisional Officer, Pratappur. S.D.O., Pratappur, passed order dated 05.07.2004 holding that the sale transact

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