High Court Of ChhattisgarhWPC/213/2021disposed off

Sudarshan Das v. State Of Chhattisgarh

2021-01-22Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 213 of 2021 • Sudarshan Das S/o Shri Lakhan Das Aged About 45 Years R/o Village Tedesara, Tahsil And District Rajnandgaon, Chhattisgarh ---- Petitioner

Versus

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

2. Collector, Rajnandgaon District Rajnandgaon, Chhattisgarh

3. Sub Divisional Officer, Rajnandgaon District Rajnandgaon, Chhattisgarh

4. Tahsildar, Rajnandgaon District Rajnandgaon, Chhattisgarh ---- Respondents For Petitioner :

Shri Shashank Thakur, Advocate For Respondents/State :

Shri Somkant Verma, PL Hon'ble Shri Justice Goutam Bhaduri Order 22/01/20

1. Heard.

2. Learned counsel for the petitioner would submit that the petitioner has purchased certain land in the year 2015, thereafter, the names were mutated in the revenue record. He would further submit that when the petitioner went on the spot it was found that those lands are not available which are available in the Misal Bandobast. He would further submit that the petitioner has made an application to the Collector in Jan Darshan which was forwarded to the revenue

inspector on 16.04.2018, however, nothing has transpired.

3. Perused the application which has been sought to be executed (Annexure P-3) which is an application given to the Collector in Jan Darshan. Since the statutory provision is prescribed in the C.G. Land Revenue Code to demarcate the land, the application given to the Collector in Jan Darshan cannot be enveloped in the ambit of such statutory provision. Therefore, the Court in exercise of power under Article 226 of the Constitution of India cannot fast-track an issue which has no statutory force. The petitioner shall be at liberty to move the necessary application before the appropriate authority under the C.G. Land Revenue Code for demarcation of his land.

4. With the aforesaid observation, the writ petition stands disposed of. SD/-Sd/-/- Goutam Bhaduri Judge Ashu