Disposed

Smt. Manbodhani v. State of Chhattisgarh

Chhattisgarh HC23 Sept 2024WPC/4784/2024

Case brief

AI extract

What is this about?

This order records the disposal of a writ petition seeking direction to the revenue authorities to decide pending representations regarding Bhoomiswami rights and correction of land entries. The High Court directed the respondents to decide the representations within three months.

What did the court decide?

Writ petition disposed with direction to Respondents No. 2, 4, and 5 to decide pending representations within 3 months.

Smt. Manbodhani Vs State of Chhattisgarh — Writ and Judicial Review | Chhattisgarh HC (2024)

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 4784 of 2024

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1 - Smt. Manbodhani W/o Shri Ratan Singh, D/o Shri Madan, Aged About 66 Years R/o Village-Odekera, Post-Singhitarai, Tahsil And District-Janjgir-Champa (C.G.) Through General Power Of Attorney Holder-Krishna Tondon, S/o Shri Chaitulal Tondon, Aged About 29 Years, R/o In Front Of Jaisthamph, Ward No. 3, Rambhatha, Raigarh, Tahsil And DistrictRaigarh (C.G.)

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... Petitioner

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versus

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1 - State Of Chhattisgarh Through Secretary, Revenue Department, Mahanadi Bhawan, Atal Nagar, Raipur District-Raipur (C.G.)

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2 - The Collector, Raigarh, District- Raigarh (C.G.)

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3 - The Sub Divisional Officer (Revenue) Raigarh, District- Raigarh (C.G.)

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4 - The Tahsildar, Pusour, District- Raigarh (C.G.)

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5 - The Patwari, Halka No.8, Village-Nawapali, Tahsil -Pusour, District- Raigarh (C.G.)

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... Respondents

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For Petitioner : Mr. Manoj Kumar Sinha, Advocate For Respondent/ State : Mr. Shubham Bajpayee, P. L.

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({Hon'ble Shri Justice Sachin Singh Rajput})

Order on Board

24/09/2024

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The petitioner has filed this writ petition seeking following relief:-

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10.1 That the Hon’ble Court be pleased to call for the entire records in connection of the petitioner’s case.

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10.2 That the Hon’ble Court may be pleased to direct the respondent authority to consider and decide the pending applications ( Ann.P/6 & P/7) submitted by the petitioner as per notification of Government dated 07.10.2022 ( Ann.P/4) for recording Bhoomiswami right on the subject land bearing Khasra No.32/2, area

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1.659 hectare, situated in village- Nawapali, Tah- Pusour, District Raigarh.

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10.3 That the Hon’ble Court may be pleased to direct the respondent No.4 to correct the wrong entries made in the subject land of Khasra No.32/2, area 1.659 hectare, within stipulated period.

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10.4 Any other order that the Hon’ble Court deems fit and necessary in the circumstances of the case be also passed.

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10.5 That the cost of the petition be also awarded to the petitioners.

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Learned counsel for the petitioner submits that the petitioner was allotted the land bearing Khasra No. 32/2 admeasuring 1.659 hectares of land on lease. It is the contention of the counsel for the petitioner that subsequent to the amendment brought in the Chhattisgarh Land Revenue Code, 1959, now the revenue entries have ben corrected without issuing notice to the petitioner and it is mentioned that the land is not transferrable. Petitioner submitted representation before the Respondents on 03.01.2024 (Annexure P/6) and 14.08.2024 ( Annexure P/7), however, no decision has been taken and therefore, direction be issued to the respondents to take decision on the pending representations of the petitioner within the specified time.

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On the other hand, learned counsel for the Respondents/State submits that as the petitioner is not pressing this writ petition on merits and is only seeking a direction to the respondents to take decision on the pending representations filed by the petitioner, she is having no objection. If representations, as submitted by the counsel for petitioner is still pending consideration, it will be considered and decided in accordance with law.

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I have heard learned counsel for the parties.

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Taking into consideration the facts and circumstances of the case, nature of grievance raised, submission of the counsel for the respective parties that the representation submitted by the petitioner before the Respondent No. 2, 4 & 5 is still pending consideration, without making any observation on the merits of the claim fo the petitioner, writ petition is disposed of with a direction to the Respondents No. 2, 4 & 5 to take decision on representation dated 03.01.2024 (Annexure P/6) and 14.08.2024 (Annexure P/7) submitted by the petitioner in accordance with law expeditiously, preferably within a period of 03 months from the date of receipt of the order.

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With the aforesaid observation and direction, the writ petition is disposed of.

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Sd/- Digitally signed by ({Sachin Singh Rajput}) PARUL PARUL MITTAL JUDGE MITTAL Date: 2024.09.25 11:14:25 +0530

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Parul

Smt. Manbodhani v. State of Chhattisgarh

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Smt. Manbodhani v. State of Chhattisgarh

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