Sanction for review of a revenue order under the Chhattisgarh Land Revenue Code, 1959, cannot be granted mechanically or without providing the affected party an opportunity of being heard, as it violates statutory requirements and principles of natural justice.

Order on Board

1. The petitioner is aggrieved by the order dated 29.11.2019 passed by the Collector as well as the order dated 05.05.2020 passed by the Commissioner, Durg Division granting permission to the Collector to review the order dated 17.09.2018.

2. Learned counsel for the petitioner would submit that before granting permission to review, an opportunity of hearing has not been granted which runs contrary to the decision rendered by this Court in W.P.(227) No.3225 of 2011, therefore, the impugned orders are liable to be set aside.

3. Learned State counsel would support the impugned orders and submit that the petition is liable to be dismissed.

4. I have heard learned counsel appearing for the parties, considered their rival submissions made herein and also gone through the documents appended with the petition.

5. In order to consider the plea raised at the Bar, it would be expedient to notice Section 51 (1) (i) and (i-a) of the Chhattisgarh Land Revenue Code, 1959 (hereinafter called as “Code”) which states as under:-

51. Review of orders .-(1) The Board and every Revenue Officer may, either on its/his motion or on the application of any party interested review any order passed by itself/himself or by any of its/his predecessors in office and pass such order in reference thereto as it/he thinks fit;

Provided that-

(i) if the Commissioner, Settlement Commissioner, Collector or Settlement Officer thinks it necessary to review any order which he has not himself passed, he shall first obtain the sanction of the Board, and if an officer subordinate to a Collector or Settlement Officer proposes to review any order, whether passed by himself or by any predecessor, he shall first obtain the sanction in writing of the authority to whom he is immediately subordinate;

(i-a) no order shall be varied or reversed unless notice has been given to the parties interested to appear and be heard in support of such order;”

6. The aforesaid provision would clearly state that permission cannot be granted without noticing and without hearing to the person to be affected by granting permission to review, therefore, opportunity must be granted before granting permission to review the order and the Sanctioning Authority must apply its judicial mind before granting sanction.

7. The Division Bench of the Madhya Pradesh High Court in the matter of Shaheed Anwar v. Board of Revenue and another ¹2000 RN 76 has held that under first proviso to Section 51 of the Chhattisgarh Land Revenue Code, 1959 sanction for review by Board or Revenue Officer cannot be granted without notice and hearing the other side.

8. Similarly, in the matter of Ravi Narayan v. State of Madhya Pradesh and others ²2000 (I) MPJR 528, the Madhya Pradesh High Court has held that power to sanction for review cannot be granted by the sanctioning authority mechanically and the order must show application of mind and held as under:-

“21. A power of Review is vested in the Court so that the said Court can correct the wrong which has been committed by it. It may be a case where the same Court/authority after learning about the wrong committed by it wants to correct the wrong. It can exercise the powers either on an application or suo motu. In case of a revision the superior Court invested with powers of revision want to correct the wrong committed by his subordinate. The superior Court may exercise these powers suo motu or on an appl