In a writ petition challenging the rejection of the claim for conferment of bhumiswami rights over service land allotted to the petitioner family, the Court held that such rights are not admissible. Relying on Gambhir Das Panika overruling Chhabil Das, the Court dismissed the petition.
The writ petition fails and is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Order reserved on 10-09-2018
Order delivered on 12-12-2018
WPC No. 975 of 2012
---- Petitioner
Versus
---- Respondent
For Petitioners For Respondent/State For Respondent No.5
Shri Sanjay Dewangan, Advocate Shri P.K. Bhaduri, Govt. Advocate Shri Ashutosh Mishra, Advocate
C A V Order
By
Prashant Kumar Mishra, J.
2
Sd/-
Judge Prashant Kumar Mishra
Gowri
1 WPC No.7048 of 2007 (decided on 30-11-2018)
2 issues framed by the court
Whether bhumiswami rights can be conferred on forest protectors over service land allotted by an Ex-malguzar.
Whether the decision in Chhabil Das stands applicable given the overruling of said decision in subsequent judgments.
Colour shows how this judgement treated each authority
Chhabil Das and Others v The State of Madhya Pradesh and AnotherReferred¶24
Chhabil Das and Others v The State of Madhya Pradesh and Another
Gambhir Das Panika v Chairman, Board of Revenue & OthersDistinguished¶25
Gambhir Das Panika v Chairman, Board of Revenue & Others
Vasudev S/o Jano
Sofiya D/o Jano
State Of Chhattisgarh
The Upper Commissioner, Raipur Division
The Sub Divisional Officer Revenue Saraipali
The Nayab Tahsildar, Saraipali
Prashant Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
