Chattisgarh High Court
Charandas vs State Of Chhattisgarh And Others on 9 March, 2010
HIGH COURT OF CHATTISGARH AT BILASPUR
Writ Petition 227 No 3640 of 2009
Charandas
...Petitioners
Versus
State of Chhattisgarh and others
...Respondents
! Shri Raghvendra Pradhan counsel for the petitioner ^ Shri Sushil Dubey Govt Advocate for the State CORAM: Honble Shri Justice Prashant Kumar Mishra Dated: 09/03/2010 : Judgement O R A L O R D E R WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA Challenge in this petition under Article 227 of the Constitution of India is to the order passed by the Board of Revenue on 20-11-2007 (Annexure P/1) thereby refusing to set- aside the appellate order passed by the Collector, Janjgir- Champa on 14-11-2006 (Annexure P/2). By this order of Collector, the order passed by the Sub Divisional Officer (R) Pamgarh on 05-05-2006 (Annexure P/3) was set-aside and it was held that neither the petitioner nor respondent No.5 are entitled to be declared as Bhoomiswami with respect to the subject land bearing Khasra Nos. 129, 235, 260 and 294 total area 9.98 Acres at village Bhanwtara, Tahsil - Pamgarh, District - Janjgir-Champa.
(2) One Bahoran, the father of the petitioner was a Kotwar of the village and was in occupation of subject land as Muafi land at that time from the hands of Malgujar. According to the petitioner the name of his father was recorded in the Jamabandi of the year 1938-39, therefore the order passed by the S.D.O. granting Bhoomiswami right in favour of the petitioner should not have been interfered with by the Collector and the Board of Revenue. (3) I have perused the record and I have heard learned counsel for the petitioner at length.
(4) The Board of Revenue has recorded this finding that the petitioner has not been appointed as Kotwar at any point of time. Though the respondent No.5 was appointed as Kotwar yet since he was not in possession of the land on the date of commencement of Chhattisgarh Land Revenue Code 1959, neither the petitioner nor the said respondent No.5 can be declared as Bhoomiswami with regard to the subject land under Section 57(2) of the Chhattisgarh Land Revenue Code, 1959.
(5) The Collector as well as the Board of Revenue has found that though the said Bahoran acted as Kotwar till the year 1972-1973, the petitioner Charandas was never appointed as Kotwar and that he is not in possession of the land also. As per revenue records Bahoran held the land as service land.
(6) On perusal of the impugned orders this Court finds that the orders passed by the Collector and Board of Revenue have been passed after appreciating the entire facts and the law applicable thereon. The question regarding conferral of Bhoomiswami rights to the Kotwar on a land which was held by the Kotwar as Maufi land can be gone into only when sufficient material is furnished by the person claiming such right with regard to the nature of land held and mentioned in the Jamabandi, as to whether such property was spared from the being vested in the State at the time of abolition of proprietor's right under the relevant provisions of the Chhattisgarh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 and as to whether such land was directed to be settled in the name of Kotwar who was serving the proprietor/Malgujar at that point of time, because if the land was recorded as service land and was not saved to the Kotwar as his personal property on account of personal services rendered to the Ex Malgujar, the property cannot be declared to be the Bhoomiswami land of the Ex Kotwar.
(7) In the opinion of this Court the Collector as well as the Board of Revenue has not committed any illegality by holding that neither the petitioner not respondent No.5 can be declared Bhoomiswami with respect to the subject land. The writ petition being devoid of substance is hereby dismissed at the admission stage.
JUDGE