Shivnarayan Gupta vs State Of Chhattisgarh 21 Wpc/3108/2017 ... on 28 August, 2018

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Chattisgarh High Court

Shivnarayan Gupta vs State Of Chhattisgarh 21 Wpc/3108/2017 ... on 28 August, 2018

Bench: Prashant Kumar Mishra

                                                                   NAFR

            HIGH COURT OF CHHATTISGARH, BILASPUR

                         WPC No. 2400 of 2018

      Shivnarayan Gupta S/o Late Bindeshwari Aged About 68 Years
       R/o Ward No.5 Balrampur, P.S. and Tahsil - Balrampur District
       Balrampur Ramanujganj, Chhattisgarh

                                                           ---- Petitioner

                                 Versus

     1. State Of Chhattisgarh Through The Secretary, Department of
        Revenue, Mahanadi Bhawan, New Raipur, District Raipur,
        Chhattisgarh

     2. The Collector,    Balrampur,   District   Balrampur-Ramanujganj,
        Chhattisgarh

     3. The Tahsildar Balrampur, District Balrampur Ramanujganj,
        Chhattisgarh

     4. The Chief Municipal Officer Balrampur District Balrampur
        Ramanujganj, Chhattisgarh

                                                        ---- Respondents

For Petitioner Shri A. N. Pandey, Advocate For Respondent-State Shri Shashank Thakur, GA Hon'ble Justice Mr. Prashant Kumar Mishra Order On Board 28/08/2018

1. Petitioner is aggrieved by demolition of the super structure constructed by him over the land in his possession for last 40 years. He claims title to the land on the basis of grant of bhoomi swami rights by the Tehsildar, Pal in the year 1975-76. According to the petitioner, his name was mutated in the revenue record in the year 1984-85, but somehow the entry was deleted, which compelled him to move another application for mutation on 28.11.2016, which is still pending.

2. In the above factual background, the petitioner has prayed for payment of compensation if his land is acquired for any public purpose and further to direct the respondents to construct the house, which was illegally demolished.

3. The issue brought before this Court is a pure revenue dispute, which can only be decided by the appropriate Revenue Authority under Section 57 of the Chhattisgarh Land Revenue Code, 1959, because the present status of the revenue record would indicate that the same is entered as 'Chhote Jhad Ka Jungle' and is earmarked for construction of bus stand. If the petitioner claims bhoomi swami right over the subject land, he should approach the jurisdictional SDO (Revenue) under Section 57, wherein his prima facie title shall be considered. Let the petitioner move such application within 1 month from today and thereafter the SDO (Revenue) shall decide the matter within next 6 months.

4. The writ petition is dismissed, subject to the above observation.

Sd/-

Prashant Kumar Mishra Judge Nirala

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