High Court Of ChhattisgarhWPC/3210/2021disposed off

Nand Kumar v. State Of Chhattisgarh

2021-08-09Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3210 of 2021 • Nand Kumar S/o Dakor Singh Aged About 65 Years R/o- Village Jhirouni, P.S. And Tahsil Kawardha, District Kabirdham (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary Department Of Revenue And Disaster Management, Mahanadi Bhawan, Mantralaya, Atal Nagar New Raipur District Raipur (Chhattisgarh)

2. Collector Kabirdham, District- Kabirdham (Chhattisgarh)

3. Sub Divisional Officer (R) Kawardha, District Kabirdham (Chhattisgarh)

4. Nayab Tahsildar Kawardha, District Kabirdham (Chhattisgarh)

5. Executive Engineer Public Works Department, Division Kabirdham, District Kabirdham (Chhattisgarh) ---- Respondents For Petitioner :

Shri F.S. Khare, Advocate For Respondents/ State :

Shri Aditya Bhardwaj, P.L.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 09.08.2021 Heard.

1. Learned counsel for the petitioner would submit that the petitioner has filed an application for demarcation of his land before the Nayab Tahsildar and the requisite amount was also deposited by way of challan, however till date the order sheet has been not been opened nor any proceeding have been commenced, therefore he prays that the Nayab Tahsildar may be directed to carryout the demarcation within stipulated time.

2. Learned State counsel submits that they would demarcate the land as per the law.

3. Perused the documents and heard learned counsel for the parties.

4. Considering Annexure P-2 and challan , prima facie it appears that application has already been filed in accordance with section 129 of the Land Revenue Code,

1959 and if application of such nature is filed, then the Revenue authority are bound to follow the same, as it is statutory mandate, therefore Respondent No. 4 is directed to carry out the demarcation of the land of the petitioner within a period of 45 days from the date of receipt of a copy of this order.

5. With the above direction/observation, this writ petition stands disposed of. Sd/- (Goutam Bhaduri) Judge Jyoti