Rajkumar Mehani v. State Of Chhattisgarh

-1HIGH COURT OF CHHATTISGARH AT BILASPUR W.P.(C) No. 41 of 2021 Rajkumar Mehani, S/o. Late Shri Jayram Das Mehani, Aged About 62 Years, R/o. Pakki Kholi Beladula Kaser Para Raigarh, Tahsil And Distt. Raigarh (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh, Through Secretary, Department Of Revenue And Disaster Management, Mahanadi Bhavan, Mantralay Naya Raipur, District Raipur (Chhattisgarh)

2. Collector Raigarh, Distt. Raigarh (Chhattisgarh)

3. The Nazul Officer Raigarh, District Raigarh (Chhattisgarh) ---- Respondents For Petitioner :

Mr. Rajendra Tripathi, Advocate For State :

Ms. Astha Shukla, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 13.01.2021 Heard

1. In the instant petition, the relief is sought that the petitioner who is displaced person from the Pakistan was granted lease of the land bearing Khasra No.251/14,29 at North Chakradhar Nagar, Sindhi Colony, Raigarh on 28.06.1994 by Annexure P-1. In the said land, the superstructure has already been raised and the petitioner is residing therein and the municipal tax are also being paid. However, the lease could not be registered for the reason that in the said lease though the map was said to have been attached but in substance the map was not attached.

2. Learned counsel for the petitioner submits that since the map has not been attached and the execution of the lease was to be done by the Collector, Raigarh, but the same having not been done, the same could not be registered. He refers to the order passed by this Court in WPC No.883 of 2020 by the coordinate Bench of this Court by Annexure P-5

-2and submits that the State may be directed to supply the map and thereafter after verification the lease may be registered.

3. Considering the limited prayer made by the petitioner, subject to verification of facts and existence of the possession of the petitioner, if the map has not been supplied to the petitioner then he cannot be held responsible. Therefore, the State will verify those facts which has been stated herein and thereafter after verification of the facts issue the map subject to further fact that the petitioner fulfills the formalities and thereafter shall execute and register the necessary deed as required within a further period of 4 months from the date of receipt of a copy of this order.

4. With the aforesaid observation, the petition stands disposed off. Sd/- (Goutam Bhaduri) Judge Aks