Disposed

Bhukhau Prasad Kesharwani v. State of Chhattisgarh

Chhattisgarh HC5 Mar 2024WPC/1337/2024

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh disposed of a writ petition seeking a direction to the Collector to decide a pending application for Bhumiswami Right. Finding the matter was unduly delayed, the Court directed the Collector to decide the case within two months. An objection regarding the omission of the Municipal Council was noted.

What did the court decide?

Direction to the Collector, Sarangarh-Bhilaigarh to decide the pending Bhumiswami Right application within two months.

Bhukhau Prasad Kesharwani Vs State of… — Pension and Retirement Benefits | Chhattisgarh HC (2024)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1337 of 2024

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Bhukhau Prasad Kesharwani S/o Late Kishanlal Kesharwani Aged About 63 Years R/o Baniyapara Dalmia Gali, Sarangarh Ward No. 9, Tahsil- Sarangarh, District : Raigarh, Chhattisgarh

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---- Petitioner

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Versus

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1. State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mahanadi Bhawan New Mantralaya, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh

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2. The Secretary Department Of Urban Administration Development, Mahanadi Bhawan New Mantralaya, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh

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3. The Collector Sarangarh-Bilaigarh, District : Sarangarh-Bilaigarh, Chhattisgarh

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4. The Sub-Divisional OfÏcer (Rvenue) Sarangarh, District : Sarangarh-Bilaigarh, Chhattisgarh

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The Tahsildar Sarangarh, District : Sarangarh-Bilaigarh, Chhattisgarh

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---- Respondents

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(Cause Title taken from Case Information System)

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For Petitioner : Mr. R. S. Patel Advocate For Respondents/State : Mr. Praveen Das, Deputy Advocate General

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For Petitioner

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Hon’ble Mr. Justice Rakesh Mohan Pandey Order on Board

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06.03.2024

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1. By way of the instant petition, the petitioner has sought the following relief(s):-

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“ 10.1. That, this Ho’ble Court may kindly be pleased to issue appropriate writ and direct the respondent No. 3(the Collector) to decide the revenue proceeding (Revenue Case No. 202302320300121A-19(1)/22-23) of granting Bhumiswami Right to the petitioner, in the interest of justice.

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10.2. Any other relief which the Hon’ble Court deems fit and proper under the facts and circumstances may also be provided to the petitioners.”

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2. The learned counsel for the petitioner would submit that the petitioner has moved an application for the grant of lease pertaining to the land bearing survey No.22/10 admeasuring area 3400 sq. ft. (for brevity “subject land”) situated at Nagar Palika Sarangarh, Patwari Halka No. 28, Revenue Circle - Sarangarh, Tahsil-

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Sarangarh, District- Sarangarh- Bilaigarh on 12.02.2021 before the Tahsildar, Tahsil Sarangarh, District Bilaigarh. He would further submit that all the Revenue Departments including the Municipal Council, Sarangarh have issued the No Objection Certificate in favour of the petitioner for granting Bhumiswami Right of the subject land. He would also submit that pursuant to the circular dated 24.02.2022 issued by the Department of Revenue & Disaster Management Department, State of Chhattisgarh, the petitioner has deposited the amount of premium etc. and the matter is still pending before the Collector, Sarangarh- Bilaigarh since 19.12.2023, but till date, no order has been passed. He would contend that a direction may be issued to the concerned authority to consider and decide the pending matter of the petitioner expeditiously.

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3. On the other hand, Mr. Das, learned Deputy Advocate General while opposing the submissions made on behalf of the petitioner would submit that the Municipal Council, Sarangarh-Bhilaigarh has not been arrayed as party respondent in this case, though it is a necessary party for the just and proper decision of the case. He would also submit that no documents with regard to proceedings which are pending before the Collector, Sarangarh-Bilagarh, have been annexed to the present petition, therefore, no direction as sought by the petitioner can be issued in this case.

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4. Heard learned counsel appearing for the parties and perused the material available on record.

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5. Indisputably, the proceeding was initiated by the Tahsildar, Sarangarh for the grant of lease pertaining to the survey number as stated in the opening paragraph of this order and other departments have already given their NOC in favour of the petitioner and the matter is pending before the Collector, Sarangarh- Bilaigarh for necessary order(s). The petitioner, during the course of the argument, produced a copy of the proceedings, which is pending before the Collector, Sarangarh- Bilaigarh.

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6 . Taking into consideration the fact that the matter is pending before the Collector, the present petition is disposed of with a direction to the concerned authority i.e. Collector, Sarangarh-Bhilaigarh to decide the matter of the petitioner strictly in

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accordance with law preferably within a period of two months from the date of receipt of a copy of this order.

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7. With the aforesaid observation(s) and direction(s), the writ petition is disposed of.

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Sd/-

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(Rakesh Mohan Pandey) Judge

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amita

Bhukhau Prasad Kesharwani v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Bhukhau Prasad Kesharwani v. State of Chhattisgarh

Case brief

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