Vivek Anand Tiwari v. The Chief Municipal Officer,

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1547 of 2015

1. Vivek Anand Tiwari S/o Shri Ashok Tiwari, Aged About 40 Years By Occupation Worshiping God As Priest In The Temple Shri Hanumanji, The Private Trust Under The Name Of Deo Bajrangbali Hindu Samaj Committee Sarwarakar Shri Banshraj Tiwari Now Dead Through Sarwarakar- Vivek Anand Tiwari, S/o Ashok Kumar Tiwari, Residence In Temple Hanumanjit At Baloda Bazar ( Mohalla Hanuman Ganj), District Baloda Bazar/ Bhatapara, (Chhattisgarh) ---- Petitioner

Versus

1. The Chief Municipal Officer, Baloda Bazar, Municipal Council Baloda Bazar, District Baloda Bazar/ Bhatapara, (Chhattisgarh)

2. The State Of Chhattisgarh, Through The Secretary, Department Of Nagariya Prashashan And Vikas Vibhag, Secretariate, Rajdhani, Raipur, District Raipur, (Chhattisgarh)

3. The Collector, Baloda Bazar, District Baloda Bazar/ Bhatapara (Chhattisgarh)

4. Sub Divisional Officer ( Revenue) Baloda Bazar, District Baloda Bazar/ Bhatapara, (Chhattisgarh)

5. Ashok Kumar Tiwari S/o Banshraj Tiwari, Aged About 69 Years R/o Baloda Bazar, District Baloda Bazar/ Bhatapara, (Chhattisgarh) ---- Respondents For Petitioner.

: Shri J. R. Verma, Advocate.

For Respondent/State.

: Ms. Sunita Jain, panel Lawyer.

Order On Board 01/09/2015 Heard.

(1) Learned counsel for the petitioner submits that Patta of nazul land was granted to petitioner's grandfather Banshraj Tiwari and a temple was constructed thereon and thereafter, in the maintenance Khasra, his name was recorded. After death of his

grandfather, the petitioner has moved an application for recording his name in place of his grandfather on the basis of family settlement. (2) Considering that the land in question appears to be a Nazul Land, the petitioner is required to approach the Collector. If the petitioner intends his name to be recorded, let a fresh representation be submitted before the Collector, Baloda Bazar. On such representation being made, the Collector shall make enquiry in the matter and pass appropriate order on the petitioner's representation. The decision may be taken as early as possible preferably within a period of four months from the date of receipt of a copy of this order subject to cooperation by the petitioner. (3) Accordingly, the writ petition is disposed off. Sd/- Manindra Mohan Shrivastava Judge Amita