Jainendra Gendle v. State Of Chhattisgarh

-1HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2119 of 2021 • Jainendra Gendle S/o Shri Tulsidas Aged About 53 Years R/o VillageGuma, Post- Bitkuli, District- Bilaspur, Chhattisgarh ---- Petitioner

Versus

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

2. The Collector District- Bilaspur, Chhattisgarh

3. The Tahsildar Bilha, District- Bilaspur, Chhattisgarh

4. The Sub Divisional Officer (Revenue) Bilha, District- Bilaspur, Chhattisgarh. ---- Respondents For Petitioner :

Mr. S.P. Sannat, Advocate For State :

Mr. Siddharth Dubey, Dy. G.A.

Hon'ble Shri Justice Goutam Bhaduri Order 11.06.2021

1. Heard

2. The prayer made by the petitioner by way of this writ petition is that he has filed an application to the Collector Bilaspur for exchange of certain lands bearing Khasra No. 397 admeasuring 0.53 acre, Khasra No. 398 admeasuring 0.44 acre and Khasra No. 368/3 admeasuring 0.63 acre and has prayed to grant him a land bearing Khasra No. 159/1 admeasuring 1.60 acres.

3. Learned counsel for the petitioner submits that the said application has been filed before the Collector Bilaspur on 29.07.2020(Annexure P/1), however the same has not been decided till date.

4. Learned State counsel submits that from the land record, apparently it appears that the land which the petitioner has offered for exchange have been mortgaged with the Bank in lieu of the loan.

-25. In view of such submission made by the State counsel and after perusal of the documents, I do not find any merit in this case to direct to decide the application for exchange of land and to insulate it by the judicial order. It would be within the discretion of the respondent authorities to decide the same as per the statute and guidelines.

6. The writ petition sans merit and is accordingly dismissed. Sd/- (Goutam Bhaduri) Judge Vishakha