Ankit Dani Vs State of Chhattisgarh

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

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2 - Collector Durg, District Durg Chhattisgarh. 3 - Additional Collector Durg, District Durg Chhattisgarh. 4 - Sub Divisional Officer (Revenue) Dhamdha, District Durg Chhattisgarh. 5 - Tahsildar Dhamdha, District Durg Chhattisgarh.

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6 - Additional Tahsildar Dhamdha, District Durg Chhattisgarh.

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7 - Revenue Inspector Pendravan, Tahsil Dhamdha, District Durg Chhattisgarh.

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8 - Patwari Patwari Halka No. 16/17, Village Ghota, Tahsil Dhamdha, District Durg Chhattisgarh.

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9 - Smt. Maya Gupta D/o Late Govind Prasad Gupta R/o Near Gujrati Dharamshala Moti Para Durg, Tahsil And District Durg Chhattisgarh.,

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... Respondent(s)

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For Petitioner	: Shri Praveen Dhurandhar, Advocate.
For Respondent No.9	: Shri Arpan Verma appears on behalf of Shri Anurag Singh, Advocates.
For State/Res.	: Shri Siddharth Sharma, PL.

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Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board

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13/04/2026

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The present Writ Petition has been filed against the inaction on the part of respondent authorities in not acting upon the application dated 07.08.2020 (Annexure P/1) moved by the petitioner which has been received by the respondent authorities on 20.08.2020. By way of the said application dated 07.08.2020, petitioner seeks implementation of order dated 07.12.2019 passed in Revenue Case No.10/A-6(A)/2017-18 by the Nayab Tehsildar, Dhamdha Ahirwara District C.G. wherein order to mutate the name of the petitioner in respect of land admeasuring 35.44 hectare situated at village SukhariKhurd, Tahsil Dhamdha, District Durg C.G has been passed under Section 115, 116 of the C.G Land Revenue Code.

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The petitioner by way of this petition has prayed for the following reliefs:-

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10.1 This Hon'ble Court may kindly be pleased to direct the respondent no. 6 to take decision over the application dated 20/08/2020 (Annexure P/1) pending before him in a stipulated period of time.

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10.2 Any appropriate writ, direction or order may also kindly be passed in favour of the petitioners, which this Hon'ble Court deems fit in the circumstances of the cas.

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Facts of the case in a nutshell are that the petitioner is the resident of the village Sukharikhurd, Tahsil Dhamdha, District Durg, CG, and his ancestral property is situated at different villages including village Sukharikhurd. A proceedings under M.P. Ceiling On Agricultural Holdings Act, 1960 was initiated against the grandfather of the petitioner namely Govind Prasad. Subsequently on his demise separate proceedings was initiated against the legal representatives including father of the petitioner namely Girish Dani as Case no. 3/A/91 B(3) 1988-1989, the then Additional Collector, Durg, CG in Revision case no. 31 A/90 1994-1995, between State of M.P Vs Girish Dani, passed the order dated 18/07/1995, where

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in, the said authority directed to re record the name of the legal representatives of Govind Prasad in the revenue records in respect of 155.74 Hectare of land. Subsequently, the petitioner who is the son of one of the legal representative namely Girish Dani, moved an application before the Nayab Tahsildar, Dhamda Ahivara, District Durg, CG under section 115, 116 of C.G Land Revenue Code which was registered as Revenue Case no. 10/A-6(A)/2017-2018 for mutation of his name in the revenue records as per the orders passed by the Additional Collector in his order dated 18/07/1995 in Revision case no. 37A/90B/19941995, thus in light of the standing order of the Additional Collector, the Nayab Tahsildar after calling report from the patwari and after due injury and after calling objection, passed the order dated 07/12/2019, and there by allowed the mutation application and directed to record the name of the petitioner in revenue records in total 70 Khasra numbers enumerated in the order dated 07/12/2019 admeasuring 35.44 Hectare of land. After the above order, the private respondent no. 9 who is also one of the legal representative, she moved an application under section 52 of the CG Land revenue Code before the respondent no. 4 seeking stay of execution of the order dated 07/12/2019, without filing any appeal against the order dated 07/12/2019 and the respondent no. 4 SDO, Dhamdha, Durg, CG illegally granted stay over the execution of the order dated 07/12/2019 vide his order dated 03-04/03/2020. The above order 0304/03/2020 of SDO was promptly challenged by the petitioner before the Additional Collector, Durg, CG which is evident from Annexure P/5. The learned Additional Collector, Durg, vide his order dated 27/06/2020 aside the order of stay dated 03-04/03/2020 granted by the SDO, holding it illegal. Thereafter the petitioner moved an application (Annexure P/1) which was received on

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20/08/2020 before respondent seeking implementation of the order dated 07/12/2019 passed by the Nayab Tahsidar, Ahivara Dhamdha, District Durg, CG in Revenue Case no. 10/A-6(A)/2017-2018 seeking mutation of his name in revenue records in respect of the subject lands enumerated under the order dated 07/12/2019 and also informed the respondent no. 6 that the stay order which was granted has been vacated.The petitioner submits that the application (Annexure P/1) is pending before the respondent no. 6 and till date order sheet has not been opened by the respondent no. 6 nor he has taken any steps since date of receipt of application though there has been order of the Additional Collector and Nayab Tahsildar in favour of the petitioner directing to mutate the subject land in name of petitioner in the revenue records, hence by way of this petitioner, the petitioner is seeking direction against the respondent no. 6 to take time bound decision over the application of the petitioner.

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Learned counsel for the petitioner submits that the petitioner has approached this Court for a very limited relief. He submits that this petition may be disposed of directing the respondent authority i.e. Respondent No.6 to decide the application (Annexure P/1) dated 07.08.2020 preferred by the petitioner before him, in a time bound manner and as expeditiously as possible.

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Considering the limited relief sought by the petitioner, without entering into the merits of the case, this Court deems it appropriate to direct Respondent No.6 to consider and decide the application (Annexure P/1) dated 07.08.2020 of the petitioner in accordance with law. Also taking into consideration of the fact that this petition is pending before this Court from the year 2020 and the application (Annexure P/1) was filed on 07.08.2020, Respondent No.6 is further directed to

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decide the application (Annexure P/1) within a period of 45 days from the date of

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receipt of copy of this order. Ordered accordingly.

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It is made clear that this Court has not expressed any opinion on the merits of the case and the respondent authority shall decide the application (Annexure P/1) on its own merits in accordance with law.

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With the aforesaid observation/direction, this Writ Petition is disposed of.

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Sd/(Amitendra Kishore Prasad) Judge

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Avinash

Ankit Dani v. State of Chhattisgarh

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Ankit Dani v. State of Chhattisgarh

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