Lalit Kumar Singhania v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1600 of 2015 • Lalit Kumar Singhania S/o Late Shri Jeevanlal Ji Singhania Aged About 63 Years R/o "Manjusha", 15/480, Civil Lines, Raipur, Police Station Gol Bazaar, District Raipur, Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mantralaya, Mahanadi Bhawan, Naya Raipur, Chhattisgarh.

2. Collector, Raipur, District Raipur , Chhattisgarh.

3. Nazul OfÏcer, Raipur, District Raipur, Chhattisgarh.

4. Sub Divisional OfÏcer, (Revenue), Raipur, District Raipur, Chhattisgarh.

5. Tahsildar, Raipur, District Raipur Chhattisgarh.

6. Nazul Tahsildar, Raipur District Raipur, Chhattisgarh. ---- Respondent For Petitioner Mr. Sumesh Bajaj, Advocate For Respondent /State Mr. Adhiraj Surana, Government Advocate Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 3/12/2015 Heard finally with the consent of learned counsel for the parties. (2) The petitioner is a Power of Attorney holder of Purushottam Mor and Shrikant Mor, both sons of Ram Narayan Mor and Kaushal Devi Mor Wd/o of Late Ram Narayan Mor. On account of use of land belonging to late Ram Narayan Mor for governmental purposes without acquiring the land, the Government later on agreed to allot 3.30 acres of land to Ram Narayan Mor. A lease for the said area was executed on 10.08.1987 (Annexure P/7). Map of the lease property was appended with the lease

deed.

(3) In this petition, the petitioner would submit that 0.536 acres of land has not yet been handed over to the lessees and the petitioner's request for handing over the entire leased out areas to the lessees has not been paid heed to.

(4) Mr. Bajaj, learned counsel for the petitioner, would submit that the respondents may be directed to demarcate the area and hand over possession of the balance area to the petitioner and make all necessary corrections in the revenue records.

(5) Mr. Surana, learned counsel for the State, would submit that the fact of grant of lease is not disputed, however, the exact area available on the spot needs to be enquired/investigated, for which, a demarcation can be carried out if directed by the Court. (6) In view of the above, the writ petition is disposed of with a direction that in the event, the petitioner moves an application for demarcation of the lease land, which was leased out on 10.08.1987 (Annexure P/7), before respondent No.2- Collector, Raipur , the said authority shall instruct the competent Revenue OfÏcer to demarcate the land and pass necessary consequential order in respect of handing over possession of the entire leased out area and correction in the revenue records within a period of three months from today. Sd/- Judge (Prashant Kumar Mishra) Shyna