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2023 Supreme(Chh) 696

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
PARTH PRATEEM SAHU, J.
Shree Kalp Agri Farm Pvt. Ltd & Ors. - Petitioners
Versus
State of Chhattisgarh Through Collector Mahasamund, District Mahasamund, Chhattisgarh & Ors. - Respondents
WPC Nos. 4053, 4028, 4046, 4055, 4057, 4058, 4060, 4063, 4065, 4066, 4067, 4068, 4069, 4070, 4071, 4072, 4073, 4074, 4075, 4077, 4079, 4080, 4081, 4082, 4083, 4084, 4085, 4086, 4193, 4194, 4199, 4207, 4231 of 2023
Decided On : 20-10-2023

Advocates Appeared:
For the Petitioners: Mr. Surfaraj Khan.
For the Respondents:Mr. Rahul Jha, Govt. Advocate.

Headnote:

Suo-Moto Revision - Land Dispute - Code of 1959, Section 50 - The court discussed the provisions of Section 50 of the Code of 1959, which allows for revision without specifying a time limitation. It highlighted the interpretation of 'may at any time on its/his motion' and emphasized that the power of revision is not subject to a specific time limit. The court also referenced relevant case law to support its interpretation of the reasonable time for exercising the power of revision.

Fact of the Case:

The petitioners purchased land, which was later subjected to a suo-moto revision by the Collector under Section 50 of the Code of 1959. The petitioners objected to the revision, citing the lapse of time and the jurisdiction of the Collector to inquire into the veracity of the registered sale deed.

Finding of the Court:

The court found that the Collector had the jurisdiction to inquire into the correctness of entries in the revenue records and that the exercise of suo-moto revision was not beyond a reasonable time, considering the serious nature of the offense (forging of revenue records). The court dismissed the writ petitions, ruling in favor of the Collector.

Issues: The issues revolved around the jurisdiction of the Collector to conduct a suo-moto revision after a lapse of time, the interpretation of Section 50 of the Code of 1959, and the legality of the Collector's actions in light of the forgery of revenue records.

Ratio Decidendi: The court interpreted the provisions of Section 50 of the Code of 1959 and emphasized that the power of revision is not subject to a specific time limit. It also considered the nature of the offense (forging of revenue records) in determining the reasonable time for exercising the power of revision.

Final Decision: The court dismissed the writ petitions, upholding the Collector's jurisdiction to conduct the suo-moto revision and ruling that the exercise of such power was within a reasonable time.

ORDER :

1. All the writ petitions are heard and decided together by this common order as the similar question is involved in these petitions, as to whether the Collector is justified in registering suo-moto revision in the year 2022 with regard to transaction of the year 2011.

2. Facts relevant for disposal of these petitions are that petitioners came in possession of the subject land pursuant to purchase of land by them from the private respondents through registered sale deed. Collector registered a suo moto revision in exercise of power under Section 50 of the Code of 1959 and issued show cause notice to the petitioners. Petitioners caused their appearance in the suo motu revision proceeding, submitted an application raising objections with regard to maintainability of the revision mentioning therein that the subject land of suo moto revision was registered in the name of private persons in the revenue records to which they purchased through registered sale-deed in the year 2011, 2012 and 2013 respectively. After purchase of the lands, lands were mutated in their name and thereafter, the petitioners have sold the land to Jindal Steel & Power Limited. In view of the provision under Section 31 of the Specific Relief Act, Collector is not having jurisdiction to inquire into the veracity of the registered sale deed. In the inquiry proceedings initiated by the Sub-Divisional Officer (Revenue), the inquiry report was submitted on 14.02.2019 through which all the factual aspect was brought to the notice of the Collector and therefore, if any action ought to have been taken on report, action could have been taken only within six months. After long lapse of time exercise of power of suo-moto revision as provided under Section 50 can not be invoked. It is also contention that investigation is also being done by Anti Corruption Bureau in Case No. 50 of 2016 registered on 04.06.2016 and therefore, the parallel proceeding is also not permissible. Collector vide impugned order dated 24.04.2023 decided the objections raised by petitioners rejecting the same which made petitioners to file these petitions.

3. Learned counsel for petitioners submits that private respondent No.4 sold the land subject matter of revisions, to petitioners through registered sale deed and based upon which name of petitioners were recorded in the revenue records. After mutation of their names in the revenue records, petitioners have sold the land to respondent No.5. The transaction of the purchase of land is of the year 2011, 2012 and 2013 and immediately thereafter name was also mutated in the revenue records, therefore after lapse of about 8-10 years, suo-moto revision proceedings is not permissible. It is the contention of learned counsel for petitioners that suo-motu revision can be registered within a period of six months. Collector has not considered the specific plea taken in the objection with respect to provisions under Section 31 of the Specific Relief Act which only provides jurisdiction to cancel the registered sale deed executed in favor of any party. From the date of execution of sale deed, challenge to the registered sale deed is also barred by limitation. Order of the Collector rejecting objection with regard to maintainability of the suo-moto revision registered against petitioners is in contravention of the established principles of law. Jurisdiction of suo-moto revision after lapse of 8 to 10 years is arbitrary and illegal. In support of his contention he placed reliance upon the decision in case of Wadi Kumar Vs. The State of Chhattisgarh, in Writ Petition No. 2963 of 2004, decided on 01.04.2015 and decision in the case of Mangal V. Board of Revenue & Ors., in WP No. 5060 of 2004 decided on 24.06.2023.

4. Learned counsel for respondents/State opposing the submission of learned counsel for petitioners submits that petitioners have not approached this Court with clean hands. They have deliberately concealed the material facts and made representation

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