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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
PARTH PRATEEM SAHU
Banmali Kumar (Died) through LRs. – Appellant
Versus
Vasudeo S/o Late Chamara Sanwara – Respondent
JUDGMENT :
Parth Prateem Sahu, J.
1. This appeal is filed by the appellant/defendant challenging judgment and decree dated 14.05.2014 passed by learned Second Additional District Judge, Mahasamund (CG) in Civil Appeal No. H-29/2014 whereby first appeal filed by respondents/plaintiff against judgment and decree dated 06.02.2008 passed in Civil Suit No.36-A/2006 has been allowed.
2. Facts relevant for disposal of this appeal are that respondents/plaintiffs filed a civil suit for declaring the order passed by Board of Revenue dated 31.10.1995 and its compliance order passed by Tahsildar vide order dated 10.04.2002 to be null and void. It was the case of plaintiff that according to the order passed on 31/08/1972, government patta was allotted to Chamra son of Sadhvo Saura, Dukalu son of Panka Gond and Sukhru son of Bisahu Gond of the land situated in village Savitripur P. H. No. 38 Tehsil and District Mahasamund, old Khasra No. 110/2, 110/3, 110/4 measuring 2.043 hectare, 3.033 hectare and 1.878 hectare respectively. After mutation, their names were recorded in revenue records. Thereafter, as per the order of the Revenue Department of the Government of Madhya Pradesh (now State of Chhatti
Civil suits can challenge revenue authority orders if they violate principles of natural justice. Failure to notify affected parties renders such orders void.
The civil court has jurisdiction to hear a suit for cancellation of a sale deed relating to converted land, even if the sale deed was executed before the conversion.
The court emphasized the importance of proper exercise of revisional jurisdiction and the need for valid mutations in land disputes.
Civil Law - Revenue Board - Jurisdiction - It is definitely within domain of revenue authorities to take a final decision on issue as to whether lands in question are Government lands and if so, whet....
Revenue authorities lack jurisdiction to resolve title disputes over land, which must be adjudicated in civil court.
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.
Revenue authorities lack jurisdiction to determine land title disputes, which must be settled in civil courts, rendering related appeals maintainable under proper legal challenges.
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