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HIGH COURT OF CHHATTISGARH AT BILASPUR
Sanjay S. Agrawal, J
Krishna Kumar Parihar S/o Late Brijlal Singh Parihar – Appellant
Versus
Bhagwan Singh S/o Late Hajariram Teta – Respondent
Order :
(Sanjay S. Agrawal, J.)
1. This petition has been filed by the non-applicant-Krishna Kumar Parihar under Article 226 of the Constitution of India, questioning the legality and propriety of the order dated 09/09/2016 (Annexure P-1) passed by the Commissioner, Bastar Division, Jagdalpur in Revision Case No.14/A-23/2014-15, whereby the land in question has been directed to be restored in favour of the Respondent No.1-Bhagwan Singh, in exercise of the powers provided under Section 170-B of the Chhattisgarh Land Revenue Code, 1959 (hereinafter referred to as “the Code, 1959”).
2. From perusal of the record, it appears that the complaint/grievance was made by the Respondent No.1-Bhagwan Singh before the organization of Mul Niwasi registered at Durg namely, All India Mulnivasi Bahujan Samaj Central Sangh (AIMBSCS) and the said organization in its letter pad, written a letter to the Assistant Director, National Scheduled Tribes Commission, Govt. of India on 29/11/2012 for initiating the proceedings as required under Section 170-B of the Code, 1959. It appears further that based upon such intimation, the Commission had issued notice to the Collector on 30/11/2012 and in pursuance there
Possession predating statutory requirements under Section 170-B of the Chhattisgarh Land Revenue Code is lawful, negating the need for notification.
Agricultural land must have belonged to a member of tribe, which has been declared to be an aboriginal tribe - Petitioners are members of aboriginal tribe, but there is also no proof that the land in....
The court affirmed that transactions predating the Madhya Pradesh Land Revenue Code are not subject to its provisions, and the power of review cannot be exercised beyond the limitation period.
Civil courts lack jurisdiction over matters under Section 170B of the Chhattisgarh Land Revenue Code, 1959, particularly regarding benami transactions involving members of aboriginal tribes.
The court affirmed that the provisions of Section 170-B of the MPLR Code protect the land rights of aboriginal tribes, and Civil Courts lack jurisdiction over matters exclusively under the MPLR Code.
The Commissioner cannot decide land sale permissions on merits but must remit the matter to the Sub-Divisional Officer for proper inquiry under the Chhattisgarh Land Revenue Code.
Deeming provision under Section 122-B(4-F) confers bhumidhar rights on eligible Scheduled Caste landless labourers; ex-parte recalls invalid; no revision against such orders or restorations thereof.
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