Narayan Ganda v. State Of Chhattisgarh And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 812 of 2015

1. Narayan Ganda S/o Late Shri Heeralal Ganda Aged About 60 Years R/o Village Charbhatti, Janpad Panchyat Fingeshwar, District Gariyaband Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary Revenue And Disaster Management Department Mahanadi Bhawan, Mantralaya New Raipur Chhattisgarh

2. The Collector Gariyaband, Distt. Gariyaband Chhattisgarh

3. The Sub Divisional Officer (R) Gariyaband, Distt. Gariyaband Chhattisgarh

4. The Tahsildar Fingeshwar Distirct Gariyaband Chhattisgarh

5. Gram Panchayat Charbhatti Through The Secretary, Gram Panchayat Charbhatti, District Gariyaband Chhattisgarh ---- Respondent For Petitioner Shri K.K. Pandey, Advocate For Respondent/State Shri Rajendra Tripathi, Panel Lawyer For Respondent No.5 Shri Akhilesh Kumar, Advocate Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 25/01/2016 1.

Petitioner is Kotwar of village Charbhatti. She has prayed for a direction to the respondent authorities to decide her representation

for allotment of suitable land in lieu of service land allotted to her at village Charbhatti, which has subsequently been allotted to Janpad Panchayat, Fingeshwar, District Gariyaband for construction of Middle School and Play ground.

2.

In the return following has been stated by the respondent/State : "5.

That, the answering respondents most humbly submitted that so far as the grievance of the petitioner as that his representation has not been considered, it is respectfully submitted that on perusal of the Note-sheet dated 3.3.2015 it is revealed that there is dispute between the villagers of the village Charbhatti and the petitioner pertaining to the service land allotted to the petitioner. That, on the basis of aforesaid dispute, the Sub Divisional Officer (R), Gariyaband vide Note-sheet dated 19.3.2015 has recommended a separate land to the petitioner and accordingly registered a case with respect to the allotment of the alternative land to the petitioner which has been acquired by the answering respondents. Thereafter on 9.4.2015, after recommendation of Sub Divisional Officer (Revenue), the Naib Tahsildar, Fingeshwar has also proposed to allot government grass land bearing khasra No.383 admeasuring 0.65 hectares and khasra No.393 admeasuring 0.31 hectare to the petitioner. Copy of the aforementioned note sheets are filed herewith collectively as ANNEXURE - R/1.

3.

Thus, it would clear that the respondents have already proceeded to allot Government land in lieu of the land belonging to the petitioner, which has been used for construction of school and play ground.

4.

Let the process of allotment be completed within a period of three months from the date of submission of certified copy of this order before the Sub Divisional Officer (Revenue).

5.

With the aforesaid observations and directions, the writ petition stands disposed of.

Sd/- Judge Prashant Kumar Mishra Gowri