C A V Order

1. By way of this petition, the petitioners have prayed for following reliefs:-

“10.1. This Hon'ble Court may kindly be pleased to call for the records of Revenue Case No.2/A-23/2003-04 from the S.D.O., Gharghoda and that of Appeal No.21/A-23/2006-

2007 from Addl. Collector, Raigarh and that of Revision case No.454/A-23/2007-08 from Commissioner, Bilaspur Division, Bilaspur (C.G.) and may be pleased to peruse the same.

10.2. This Hon'ble Court further may kindly be pleased to set-aside the order dated 22.6.2009 (Annexure P/8) passed in Revision case No.454/A-23/2007-08 by the learned Commissioner, Bilaspur Division, Bilaspur (C.G.) and the order dated 29.12.2006 (Annexure P/7) passed in Appeal No.21/A-23/2006-2007 by the Addi. Collector, Raigarh and and further be pleased to restore the order dated 25.1.2006 (Annexure P/6) passed by the S.D.O., Gharghoda, Distt. Raigarh in Revenue Case No.2/A-23/03-

04.

10.3. Any further or other relief(s) which this Hon'ble Court deems fit and proper in the facts and circumstances of the case may kindly be also issued in the interest of justice alongwith cost of the petition.”

2. The petitioners calls in question the impugned order dated

22.06.2009 passed by the Commissioner, Bilaspur Division, Bilaspur, Chhattisgarh and are seeking indulgence of this Court for setting aside the said order.

3. They are further seeking to challenge order dated 29.12.2006 passed by the Addl. Collector, Raigarh, Chhattisgarh and most humbly praying for restoration of original order passed by the S.D.O., Gharghoda, District-Raigarh, Chhattisgarh in Revenue Case No. 2/A-23/03-04 under Section 170-B of the Chhattisgarh Land Revenue Code, 1959.

4. The petitioners are legal heirs of the late Manobodh, late Manobodh has purchased land in question from the grand father of respondent No. 1, namely, Jagatram vide registered sale deed dated 26.04.1971. No objections from any corner was raised after the purchase even Jagatram has not questioned the execution of sale deed. Late Manobodh enjoyed the fruits of his purchase property in dispute. Neither the vendor nor the vendee has raised any objection, however, after the expiry of both the vendor and vendee, now, the legal heirs of vendor Jagatram raised an objection that the original vendee Manobodh has committed fraud in purchase of property from Jagatram which attracts provisions contained under Section 170-B of the Chhattisgarh Land Revenue Code, 1959. Upon initiation of Section 170-B of the Chhattisgarh Land Revenue Code, 1959, the SDO dismissed the application filed by legal heirs of Jagatram and has held that provisions contained under Section 170-B of the Chhattisgarh Land Revenue Code, 1959 is not attracting in this case and has accordingly dismissed the case vide order dated 25.01.2006. Being aggrieved by the order of SDO an appeal was preferred before the Collector in which the Collector in a most legal manner has set aside the order of SDO and was directed for reversion of land to the legal heirs of Jagatram holding that while purchasing the said property. Late Jagatram was be frauded by the vendee Manobodh and as such the provisions contained under Section 170-B of the Chhattisgarh Land Revenue Code, 1959 is attracted in this case.

5. The legal heirs of Manobodh being aggrieved by the order passed by the Collector have preferred a revision before the Commissioner Bilaspur Division who in turn hear the case of the petitioners herein while confirming the order passed by the Additional Collector holding that the Additional Collector has rightly passed the order for reverting land in question to the original land holder Tribals in which there is no any illegality and perversity as such to interfere with the matter.

6. The petitioners have preferred this petition while question questioning the order passed by the Commissioner as well as the Additional Collector stating that the impugned orders suffers with illegality and requires for interference under article 226 o