2. Learned counsel for the petitioners would submit that father of the petitioners namely Shri Lakhanlal, being non-tribal person, has purchased the property from father of respondents No. 2 to 5 vide registered sale deed dated 24.07.1975, who belong to Schedule Tribe category. He further submits that the aforesaid sale-deed was executed after getting prior permission for transfer of immovable property from tribal person in favour of non-tribal person from the Collector in accordance with the provisions of Section 165 (6) of Land Revenue Code, 1956 vide order 09.07.1975. It is next submitted that after getting executed sale-deed, the property in question was divided among their legal representatives i.e. petitioners herein vide partition deed dated 14.09.2001. He further submits that after complying with the due procedure of law, the petitioners have purchased the aforesaid property, therefore, the respondent No. 7 – President, Chhattisgarh State, Scheduled Tribe Commissions, has no authority and jurisdiction to pass such impugned orders when other statutory remedy is available to respondents No. 1 to 5, therefore, the same is liable to be quashed. He further submits that function of the Chhattisgarh State Scheduled Tribe Commission is advisory in nature and not the directory / recommedatory in nature and, thus, on this count also, the order impugned is liable to be set aside.
