Digitally signed by BEOHAR VISHAKHA

(Cause-title taken from the Case Information System)

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Order On Board

1. By way of the present writ petition, the petitioners have called in question the legality, validity and propriety of the order dated 04.05.2020 passed by the respondent No. 2 – Commissioner, Bilaspur Division, in Revision Case No. 18/B-121/2019-2020, whereby the revenue map and records relating to the land bearing Khasra No. 205 have been directed to be corrected.

2. The brief facts of the case are that the petitioners are owners and in possession of land bearing Khasra No. 206 situated at Village Sakti, Tahsil Sakti, District Janjgir-Champa, which was purchased through registered sale deeds. The respondent No. 5 is owner of adjoining land bearing Khasra No. 205. It is not in dispute that earlier proceedings under Section 107 of the Chhattisgarh Land Revenue Code were initiated at the instance of respondent No. 5, wherein the competent authority had already adjudicated the dispute vide orders dated 09.09.2015 and 18.01.2017, directing enquiry regarding manipulation of map and further action in accordance with law. Pursuant thereto, enquiry was conducted and the Tahsildar submitted report, on the basis of which the Additional Collector passed order dated 26.03.2018 correcting the map and revenue record. It is the case of the petitioners that thereafter respondent No. 5, by suppressing the aforesaid material facts and earlier adjudication, again approached the Commissioner, who without having jurisdiction under Section 107 of the Code, passed the impugned order dated 04.05.2020.

3. Following reliefs have been prayed by way of this petition:-

“10.1 That, this Hon'ble Court may kindly be pleased to call for entire records of the case, from the authorities.

10.2 That, this Hon'ble Court may kindly be pleased to set-aside order dated 04.05.2020 passed by respondent no. 2 (Annexure-P/1) and further be please to direct to the respondent no. 5 to restore the revenue record as per the Misal Map and record.

10.3 That, this Hon'ble Court may kindly be pleased to direct to the respondent no. 1 to constitute the SIT (Special Inquiry Team) for illegal action of the respondent no. 2 & 3.

10.4 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.”

4. Learned counsel for the petitioners submits that the impugned order dated 04.05.2020 is non est in the eyes of law, as the respondent No. 2 – Commissioner had no jurisdiction or authority to entertain or decide the matter under Section 107 of the Chhattisgarh Land Revenue Code. It is further submitted that the respondent No. 5 has deliberately suppressed the material fact that the issue relating to correction of map and revenue records had already been adjudicated by the competent authority, i.e., the Commissioner/Additional Collector, vide orders dated 09.09.2015 and 18.01.2017, wherein it was categorically held that there were anomalies in the records and directions were issued for correction after proper enquiry. Learned counsel further submits that pursuant to the said orders, enquiry was conducted and the Additional Collector passed order dated 26.03.2018, whereby the revenue map and possession were duly corrected in accordance with law. It is contended that by concealing these material facts, respondent No. 5 obtained the impugned order from the Commissioner, who otherwise lacked jurisdiction and competency to pass such order. Therefore, the impugned order is vitiated by suppression of material facts as well as lack of jurisdiction and deserves to be quashed.

5. Per contra, learned counsel for respondent No. 5 submits that respondent No. 5 has purchased the