CAV JUDGMENT

1) The petitioners have challenged the order passed by the Commissioner, Surguja Division, Ambikapur, in Revenue Revision Case No.87/A-23/2010-11 dated 16.06.2014 by filing the instant petition.

2) The facts of the present case are as under:-

(i) The subject matter of this petition is the lands bearing Survey Nos. 495, 529, 542, 544, 545 & 493 admeasuring 7.86 hectares situated at Village Khadgawan, Tehsil Manendragarh, District Koriya (C.G.) which were the ancestral property of respondents No.1 to 3. Respondents No.1 to 3 belong to the ‘Gond’ community which is a notified scheduled tribe.

(ii) The excise contract for the shop ‘Village-Pusala” situated at Tehsil- Baiknthpur, District Surguja was awarded to one Shri K.K. Agrawal on 19.01.1968.

(iii) An agreement was entered into between Shri K.K. Agrawal and the State on the same date.

(iv) Late Rekha Singh was stated to have signed the agreement as a surety. The said contract was transferred in the name of the father of the late Rekha Singh on 22.02.1968.

(v) It appears that neither late Rekha Singh nor her father could pay the premium of excise shop to the Government, therefore, the above-stated survey numbers were attached