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High Court Of ChhattisgarhWPC/1437/2015disposed off

Shivnarayan Prasad Gupta v. State Of Chhattisgarh

2015-08-18Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1437 of 2015

1. Shivnarayan Prasad Gupta S/o. Late Charku Singh Aged About 65 Years R/o Agrsen Ward Ambikapur Tahsil Ambikapur District - Surguja (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through - The Secretary, Department Of Revenue, Mahanadi Bhawan, Naya Raipur, Distt. Raipur- (Chhattisgarh)

2. The Collector, Balrampur District Balrampur- Ramanujganj (Chhattisgarh)

3. The Tahsildar- Balrampur, District Balrampur - Ramanujganj (Chhattisgarh)

4. The Sub Divisional Officer, Public Works Department Balrampur, Distt. BalrampurRamanujganj (Chhattisgarh) ---- Respondents For Petitioner.

: Shri A. N. Pandey, Advocate.

For Respondent/State.

: Shri Satish Gupta, Govt. Advocate.

Order On Board 18/08/2015 Heard.

1.

The petitioner has filed this petition aggrieved by the action of the respondent towards construction of a building which is alleged to be carried on petitioner's land. The petitioner also prayed for a direction to respondent No. 3 to decide the petitioner's application to record the petitioner's name in revenue records. 2.

After going through the contents of the petition and the proceeding of the Revenue

Authority, at the instance of the petitioner, they are appears to be factual dispute with regard to the land which the petitioner is holding as a lessee and its identification. This is essentially in the realm of factual enquiry and the enquiry is still pending and decision has not been taken. The petitioner has filed this petition because construction has been started by the respondent No. 4. 3.

Taking stock of the entire situation that construction has been stated it is to be directed the respondent No. 3 shall decide the pending application under Section 89 read with Section 115, 116 of the Land Revenue Code, at the earliest by obtaining report of concerned Patwari Halka No. 16 Village Dahejwar. Let it be done within 3 months from the date of receipt of copy of this order.

4.

Accordingly, the petition is finally disposed off. Sd/- Manindra Mohan Shrivastava Judge Amita