Case Law Details
High Court held that Chhattisgarh Rajya Anusuchit Janjati Ayog not conferred with adjudicatory function and its functions are only advisory in nature.
1. Disputing the legality, validity and correctness of the order dated 27.7.2012 (Annexure P/1) passed by the Chhsttisgarh Rajya Anushuchit Janjati Aayog (hereinafter called as “the Commission”), the petitioner has filed this writ petition under Article 226/227 of the Constitution of India.
2. Following essential facts are required to be noticed in order to judge the correctness of the impugned order as under:-
(i) Petitioner-Tulsi Ram purchased the suit property from Shri Sukhram Singh Son of Dharam Singh and Pratap Singh Son of Bihari Kunwar by registered sale deed dated 20.6.1972 situated at village Mainpur, Tahsil Brindranawagarh, District Raipur and accordingly his name was mutated in the revenue records. Thereafter, Sukhram, son of Dharam Singh filed an application under Section 170 B of the Madhya Pradesh Land Revenue Code, 1959 before the Sub Divisional Officer (Revenue), Gariyaband for return of suit land. The Sub Divisional Officer (Revenue), Gariyaband by its order dated 31.10.89 rejected the application holding that the petitioner has purchased the suit land by registered sale deed after obtaining due permission of the Collector. That order granting permission to sale the suit land was not challenged and that has attained finality.
(ii) Thereafter, Bhikham Singh, son of Pratap Singh filed a complaint before the Commission for return of his land. That case was registered and the Commission by its order dated 27.7.2012 made recommendation to the Collector, Gariyaband for setting aside the order granting permission to sale the suit land dated 16.6.1972 to the petitioner and also made recommendation for mutating the name of Shri Bhikham Singh Son of Pratap Singh in the revenue records.
Please become a Premium member. If you are already a Premium member, login here to access the full content.
