Bhuwanlal and One Another vs Board of Revenue and Others

S.P. Khare, J.

It is a petition under Article 226/227 of the Contitution of India challenging the order dated 23.2.1995 (Annexure P-4) of the Board of Revenue and orders of the Sub-ordinate authorities marked as annexures P-1 to P-3.

Respondents No. 5 and 6 Mehtar and Sahasram were Bhumiswamis of 2.13 acres of land. They belonged to aboriginal tribe. The Petitioners are said to have purchased these lands from them by registered sale-deed dated 27.4.1962 after obtaining permission of the Collector on 24.4.1962 in Revenue Case No. 31 of 1961-62. The Petitioners failed to notify the information as required by Sub-section (1) of Section 170-B of the M.P. Land Revenue Code, 1959 to the Sub-Divisional Officer. Therefore by the impugned order dated 31.12.1986 the Sub-Divisional Officer, Janjgir held that the lands would be deemed to have reverted to the Respondents No. 5 and 6. This order was confirmed by the Additional Collector, Commissioner and the Board of Revenue.

It is argued on behalf of the Petitioners that no enquiry was made by the Sub-Divisional Officer as required by Sub-section (3) of Section 170-B the M.P. Land Revenue Code, 1959 on the question whether the Respondents No. 5 and 6 were defrauded of their legitimate right. It has been held by a Division Bench of this Court in Atmaram Vs. State of M.P., that such enquiry was necessary.

This petition is allowed. The impugned orders are set aside and Sub-Divisional Officer, Janjgir is directed to make an enquiry as required by Sub-section (3) of Section 170-B of the M.P. Land Revenue Code, 1959 and then pass a suitable order. He will give an opportunity of hearing to both the parties before passing this order. It is pointed out that at present lands are in possession of the Respondents No. 5 and 6. It is directed that the lands will continue in their possession until the enquiry is held by the Sub-Divisional Officer and an order is passed by him in this respect.