Than Singh Netam v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2567 of 2020

1. Than Singh Netam S/o Phool Singh Netam Aged About 49 Years Occupation - Cultivator

2. Mannulal Netam S/o Lala Ram Aged About 51 Years

3. Dhannalal S/o Chaitu Aged About 72 Years

4. Parrilal S/o Sonau Aged About 50 Years

5. Fakir Ram S/o Mansa Ram Aged About 60 Years All are R/o Village Eatmeta, P.O. Bucha Tola, Block And TahsilChuriya, District : Rajnandgaon, Chhattisgarh ---- Petitioners

Versus

1. State of Chhattisgarh Through Secretary, Department Of Revenue And Disaster Management, Mantralaya Mahanadi Bhavan Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh

2. Collector Rajnandgaon, District : Rajnandgaon, Chhattisgarh

3. Sub Divisional Officer Dongargaon, District : Rajnandgaon, Chhattisgarh

4. Chief Executive Officer, Janpad Panchayat Churiya, District : Rajnandgaon, Chhattisgarh

5. Tahsildar Churiya, District : Rajnandgaon, Chhattisgarh -----Respondents For Petitioners :

Mr. Rajeev Shrivastava, Advocate For State :

Mr. Vivek Ranjan Tiwari, Addl. A.G.

Hon'ble Shri Justice P. Sam Koshy Order on Board 05.11.2020

1. The grievance of the petitioner in the present writ petition is the inaction on the part of the respondent no. 2 in not declaring the Village: Eatmeta,

-2Pachayat: Bucha Tola, Block and Tahsil:Churiya, District: Rajnandgaon as a revenue village under the provisions of Section 73 and 90 of the Chhattisgarh Land Revenue Code, 1959. The counsel for the petitioner referred to various documents in this regard and where ultimately it has been directed that a decision has to be taken at the level of the Collector who is the competent authority for declaring the village as a revenue village.

2. Learned Additional Advocate General at this juncture submits that since the application of the petitioner is already pending before the respondent no. 2 and also taking note of Annexure P-6 and correspondence made by the Secretary of the State of Chhattisgarh dated 29.07.2019 let the Writ Petition be disposed of directing the Respondent No.2 to take a decision at the earliest.

3. Given the said submission by the counsel for the parties, this Court is of the opinion that the writ petition need not be kept pending for long by admitting the same, the writ petition can be disposed off at the motion stage directing the respondent no. 2 to take a decision on the issue of declaring the Village: Eatmeta as a revenue village under the provisions of Chhattisgarh Land Revenue Code, 1959. It is expected that the respondent no. 2 shall take a decision at the earliest, preferably within a period of sixty days from the date of receipt of copy of this Order.

4. With the aforesaid direction, the present writ petition stands disposed off.

Sd/- (P. Sam Koshy) Judge Rahul