High Court Of ChhattisgarhWPC/3288/2021disposed off

Parasram Sahu v. State Of Chhattisgarh

2021-08-16Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3288 of 2021 • Parasram Sahu S/o Shri Panduram Sahu, Aged About 65 Years R/o Village Nandal, P.S. No. 47, Tahsil Nawagarh, District Bemetara Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Collector, Bemetara, District Bemetara Chhattisgarh

2. Sub Divisional Officer (Revenue), Nawagarh, District Bemetara Chhattisgarh

3. Tahsildar, Bemetara, District Bemetara Chhattisgarh

4. Gram Panchayat Nandal, Tahsil Nawagarh, District Bemetara (Chhattisgarh) Through Sarpanch, Gram Panchayat Nandal, Tahsil Nawagarh, District Bemetara Chhattisgarh

5. Patwari, P.C.No. 47, Gram Nandal, Tahsil Nawagarh, District Bemetara Chhattisgarh ---- Respondents For Petitioners :

Shri Barun Kumar Chakrabarty, Advocate For Respondents/ State :

Shri Ashish Tiwari, G.A.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 16.08.2021 Heard.

1. The order under challenge is date 30.06.2021 (annexure P-10) passed by the Tahsildar.

2. Learned counsel for the petitioner would submit that bhumiswami land was settled under the settlement as government land thereby the petitioner has been deprived of his property and when the application were filed the Tahsildar has passed the order which is not sustainable under the law.

3. Perused the documents.

4. Perusal of the documents would show that the order is passed by the Tahsildar and under Section 44 of the Land Revenue Code,1959 it would be appealable,

therefore, it is directed that the petitioner if so advised shall avail the statutory appellate remedy of filing an appeal before the prescribed authority under Section 44 of the Land Revenue Code, 1959 within 44 days from the date of receipt of a copy of this order because disputed question of facts requires to be decided in this petition.

5. With the above direction/observation, this writ petition stands disposed off.

6. Certified Copy of Annexure P-10 may be returned to the petitioner after retaining the photo copy of the same.

Sd/- (Goutam Bhaduri) Judge Jyoti