Smt. Sushila Bai v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 4369 of 2021

1. Smt. Sushila Bai, W/o Late Shri Mahasingh Sahu, Aged About 65 Years R/o. Village Birkoni, Tahsil Pathariya, District Mungeli Chhattisgarh., District : Mungeli, Chhattisgarh

2. Mahadev Sahu, S/o Shri Milap Sahu, Aged About 45 Years R/o. Village Birkoni, Tahsil Pathariya, District Mungeli Chhattisgarh., District : Mungeli, Chhattisgarh

3. Badru Netam, S/o Shri Nirasai Netam, Aged About 58 Years R/o. Village Birkoni, Tahsil Pathariya, District Mungeli Chhattisgarh., District : Mungeli, Chhattisgarh ---- Petitioners

Versus

1. State of Chhattisgarh Through Secretary, Department Of Water Resource, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. The Secretary, Department of Revenue Department, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur Chhattisgarh.

3. Engineer - In - Chief, Water Resource Department, Shivnath Bhawan, Atal Nagar Raipur, Chhattisgarh

4. Collector Mungeli, District Mungeli Chhattisgarh.

5. Sub Division Officer (R) Pathariya, Block Pathariya, District Mungeli Chhattisgarh

6. Tahsildar Pathariya, District Mungeli Chhattisgarh ---- Respondents _________________________________________________________ For Petitioners :

Mr. Jeet Ram Patel, Advocate.

For State :

Ms. Sameeksha Gupta, PL.

---------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on board 08/11/2021 Heard.

1. Present petition has been brought praying for issuance of direction to the respondents to rectify or amend the revenue record with respect to

Page No.2 the petitioners.

2. It is submitted by the counsel for the petitioners, that the petitioners are recorded owner of the khasra No.305/2. 0.74 acres of this khasra number was acquired for the construction of canal. Subsequent to which, the petitioners are in possession of 0.16 acres of the same khasra number. However, the revenue map is erroneously showing the khasra No.305/2 below the land bearing khasra No.305/03, which is under the title in possession of one Mahadev Sahu, S/o Milap Sahu. The correct position of khasra NO.305/2 is above the khasra No.305/3 in the previous maps. The petitioners made representation to the respondent No.5, but the same is pending for decision, hence, prayed that appropriate direction be issued.

3. Learned State counsel submits that the case may be disposed off with direction.

4. Considered on the submissions. As submitted that there is an error in the revenue records present, which needs rectification/amendment, therefore, the petition is disposed off at motion stage. Respondents No.4 & 5 are directed to consider on the representation filed by the petitioners on 30.9.2021 and take decision on the same as early as possible within a period of 60 days from today.

5. Accordingly, the petition is disposed off. Sd/- (Rajendra Chandra Singh Samant) Judge Nisha