Shankar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 267 of 2016 Shankar S/o. Karmu, Aged About 50 Years Cate : Gada, R/o. Village : Rimji, Patwari Halka No. 23, Revenue Circle : Khamharpali, Tahsil : Saraipali, District : Mahasamund (Chhattisgarh).

---- Petitioner

Versus

1. State Of Chhattisgarh Through : The Secretary, Revenue Department, Mantralaya, New Raipur, Police Station : Rakhi, District : Raipur (Chhattisgarh).

2. The Collector, Mahasamund District : Mahasamund (Chhattisgarh).

3. Nayab Tahsildar : Saraipali, District : Mahasamund (Chhattisgarh) ---- Respondents For Petitioner :

Shri P.K. Patel, Advocate For State :

Shri Ramakant Mishra, Dy. A.G.

on advance copy Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 02/02/2016 Heard.

Prayer has been made for issuance of direction to respondents No.2 & 3 to settle land prayed for in the application of the petitioner, by conferral of Bhumiswami right. It is found that Tahsildar has submitted a recommendation before the Settlement Officer/ Sub-Divisional Officer. The Sub-Divisional Officer is not a party in the petition. The proceedings of settlement have to be drawn and orders to be passed by the Settlement Officer/ SDO, at the first instance. In these

circumstances, no direction can be issued. The petitioner however, may prefer application before the Settlement Officer/ jurisdictional SDO for the conferral of Bhumiswami right under the provision of the Land Revenue Code which shall be considered and decided by the competent authority.

With the aforesaid observations, the petition is disposed off. Sd/- (Manindra Mohan Shrivastava) J U D G E Rekha