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2022 Supreme(Chh) 510

ARUP KUMAR GOSWAMI, PARTH PRATEEM SAHU
Chaitra, S/o. Late Lachhinder – Appellant
Versus
Board of Revenue, Gwalior (Now Raipur), Through Its Chairman, District Raipur Chhattisgarh – Respondent


Advocates Appeared:
For the Petitioners: Mr. Parag Kotecha.
For the Respondents: Mr. Trivikram Nayak, Panel Lawyer.

ORDER :

[Parth Prateem Sahu, J.]

1. Appellant by this writ appeal has questioned the correctness and sustainability of impugned order dated 03.10.2017 passed in W.P. No. 850 of 2000, where by learned Single Judge dismissed the writ petition holding that there is no illegality in the order of Commissioner warranting interference in exercise of jurisdiction under Article 227 of Constitution of India.

2. Facts relevant for disposal of this writ appeal are that Lachhinder, father of appellants purchased land bearing No. 33, 42, 51/8, 58, total area 8.30 acres situated in village Chopawand, R.I. Circle Kondagaon, Tahsil Kondagaon from one Pilu S/o Ayatu Gond, a tribal person, vide registered sale deed dated 02.05.1967. After coming into force of provisions under Section 170B of C.G. Land Revenue Code, 1959 (Earlier M.P. Land Revenue Code) (hereinafter referred to as the “the Code of 1959”), father of appellants/petitioners submitted details of his possession over the land originally recorded in the name of a person belonging to scheduled tribe community. The Competent Authority i.e. Sub- Divisional Officer (Revenue), issued notice. As the seller remained absent, therefore, he was proceeded

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