Shri Shitanshu Singh Vs State of Chhattisgarh — Chhattisgarh HC (2024) — LawSathi Research

Shri Shitanshu Singh Vs State of Chhattisgarh — Chhattisgarh HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Directions issued: (i) Principal Secretary, Revenue Department, Government of Chhattisgarh to issue necessary directions to revenue authorities to decide pending applications within a fixed time frame; (ii) Tehsildar, Teh.-Sonhat, Dist.-Koriya to decide the petitioner's pending application expeditiously; (iii) copy of the order to be forwarded to the Principal Secretary, Revenue Department for information and necessary action.

Issue for consideration

Whether the Court should address the systemic failure of revenue authorities, particularly Tehsildars, to decide pending applications for mutation, partition and correction of revenue records for considerable periods, and whether directions should be issued to dispose of such applications within a fixed time frame. +1 more

Court's answer

The Principal Secretary, Revenue Department, Government of Chhattisgarh was directed to look into the matter and issue necessary directions to the revenue authorities to decide pending applications within a fixed time frame.

Ratio / Principle

The Tehsildar, Teh.-Sonhat, Dist.-Koriya was directed to decide the petitioner's pending application expeditiously.

Detailed headnote1 paragraphs

Writ Petition (C) No. 714 of 2024, High Court of Chhattisgarh, Bilaspur (Rakesh Mohan Pandey, J.), decided 07.02.2024. Petitioner Shri Shitanshu Singh sought directions to revenue authorities to decide his mutation application pending since 30.07.2018 before the Tehsildar, Tehsil Sonhat, District Koriya. Observing that Tehsildars routinely leave applications for mutation, partition and correction of revenue records undecided for considerable periods, compelling litigants to approach the Court, the Court directed the Principal Secretary, Revenue Department, Government of Chhattisgarh to issue necessary directions to revenue authorities to decide pending applications within a fixed time frame, and separately directed the Tehsildar, Tehsil Sonhat to decide the petitioner's pending application expeditiously. A copy of the order was ordered to be forwarded to the Principal Secretary. Petition disposed of. No statute or precedent was cited.

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NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

WPC No. 714 of 2024

Shri Shitanshu Singh S/o Shri Sunil Kumar Aged About 27 Years Caste-Kshatriya, R/o Baikunthpur (Mahalpara), Tahsil- Baikunthpur, DistrictKoriya, Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District- Raipur, Chhattisgarh.

2. Collector Baikunthpur, District- Koriya, Chhattisgarh.

3. Sub Divisional Officer (Revenue) Sonhat, District- Koriya, Chhattisgarh.

4. Tahsildar Tahsil Sonhat, District- Koriya, Chhattisgarh.

5. Patwari, P.H.N. 08 Village And Tahsil Sonhat, District- Koriya, Chhattisgarh.

---- Respondents

(Cause-title is taken from Case Information System)

------------------------------------------------------------------------------------------------------------------For Petitioner : Mr. Kaushal Yadav, Advocate

For Respondents : Mr. Keshav Gupta, G. A.

Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board

07.02.2024

1 . It is not the first instance when such a prayer has been made by the petitioner to direct the respondent revenue authorities to decide the pending applications. It is noticed that the revenue authorities, particularly Tehsildars do not decide the pending applications for mutation, partition, correction of revenue records etc. for considerable period.

2 . In the present case, an application was moved by the petitioner for mutation on 30.07.2018, but till date, the same has not been decided. In many cases, this Court has issued directions to the concerned Tehsildars to decide the pending applications.

3 . The matter is serious, and as a necessity, the litigants are being compelled to approach this Court seeking therein directions for early disposal. The Principal Secretary, Revenue Department, Government of Chhattisgarh is directed to look into the matter and issue necessary directions to the revenue authorities to decide the pending applications within a fixed time frame.

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3 . The Tehsildar, Teh.-Sonhat, Dist.-Koriya is also directed to decide the pending application of the petitioner expeditiously.

4 . With the aforesaid direction(s), this petition stands disposed of.

5. A copy of this order be forwarded to the Principal Secretary, Revenue Department, Government of Chhattisgarh for information and necessary action.

Sd/-

(Rakesh Mohan Pandey) Judge

Ajinkya