Sanjay Yadav v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 4728 of 2021 • Sanjay Yadav S/o Shri Krishna Nand Yadav, Aged About 42 Years, R/o Village Jhagarha, Tahsil and District Korba, Civil and Revenue District Korba, District Korba Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh through Collector, Korba, District Korba Chhattisgarh.

2. The Sub Divisional Officer, (Revenue) Korba, District Korba Chhattisgarh.

3. The Tahsildar, Korba, District Korba Chhattisgarh.

4. The Chhattisgarh State Electricity Distribution Company through its Manager, Korba District Korba Chhattisgarh.

---- Respondents For Petitioner - Shri Manoj Kumar Sinha, Advocate. For State - Shri Pawan Kesharwani, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 24-11-2021 Heard on the petition.

1.

It is submitted that the disputed property is Khasra No. 30/48 measuring 0.82 hectare, 49/5, 30/4, 30/49, 42/2 total measuring 0.68 hectare situated in Village Jhagarha, District Korba. In the revenue records the name of forefathers of the petitioner was recorded, which has continued until now. However, in the recent development the revenue records show the name of respondent No.4 instead of the petitioner. The petitioner is in possession of the land described hereinabove. Therefore, it is prayed that the direction be issued the respondents authorities to make correction in the revenue records. 2.

The State counsel appearing for respondents No.1, 2 and 3 submits that the petitioner has remedy to file application under Section 116 of the Chhattisgarh Land Revenue Code, 1959 (in short 'the Code, 1959') praying for correction in the revenue records. Therefore, this petition can be disposed off

-2with direction.

3.

Considered on the submissions and perused the documents filed along with the petition. This petition is disposed off at motion stage. The petitioner is granted liberty to file application under Section 116 of the Code, 1959 before respondent No.3 with 10 days from today along with the application for condonation of delay if it is so advised. On filing of such application by the petitioner, the respondent No.3 shall be obliged to consider on the same, draw proceeding and dispose it off at the earliest, preferably within a period of 120 days. With these observations, the petition is disposed off. Sd/- (Rajendra Chandra Singh Samant) Judge Aadil