Niranjan Mali v. State Of Chhattisgarh

-1HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3003 of 2021 • Niranjan Mali S/o Vimal Mali Aged About 60 Years R/o Nehru Nagar, Tehsil Ramanujganj District Balrampur Ramanujganj Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Collector District Balrampur Ramanujganj Chhattisgarh

2. The Sub Divisional Officer Ramanujganj, District Balrampur Ramanujganj Chhattisgarh.

3. The Tahsildar Ramanujganj, District Balrampur Ramanujganj Chhattisgarh. ---- Respondents For Petitioner :

Shri Sachin Nidhi, Advocate For State :

Shri Ashish Tiwari, G.A.

Hon'ble Shri Justice Goutam Bhaduri Order On Board 27.07.2021 Heard

1. The grievance of the petitioner is that after settlement of the land bearing Khasra No. 329, 300 and 331 which belongs to the petitioner has been consolidated into new Khasra No. 361 and that has been shown as grazing land (Gauchar) because of the error committed by the authorities and the ownership land has been turned into the grazing land for which the application for correction has been filed before the Tahsildar under Section 89 of the Land Revenue Code, 1959. He further prays that the Tahsildar may be directed to decide the case of the petitioner as early as possible. It is further submitted that on the oral instructions of the SDO the application was moved before the Tahsildar.

2. Perused the documents.

3. Perusal of Section 89 of the Land Revenue Code, 1959 shows that it is the SDO who is vested with the power to correct such error but if the application has not been filed before the SDO, this Court cannot vest

-2Tahsildar with the powers of Section 89 of the Land Revenue Code and no directions can be given to the Tahsildar, as the application has been moved before the wrong forum.

4.

With the aforesaid observation, the petition stands disposed off. Sd/- (Goutam Bhaduri) Judge Jyoti