Kanhaiya Lal Surojia v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.P.(C.) No.4929 of 2021 • Kanhaiya Lal Surojia Son of Rikhiram Surojia, aged about 53 years, resident of Village- Bansagar, Amoda, Police Station- Narharpur, District- North Bastar, Kanker, C.G.

---- Petitioner

Versus

1. State of Chhattisgarh, Through- The Secretary, Revenue and Disaster Department, Mantralaya, Atal Nagar, Nawa Raipur, (C.G.)

2. The Collector, District- North-Bastar Kanker, C.G.

3. The Sub-Divisional Officer (Revenue), Kanker, District- North- Bastar, Kanker, C.G.

4. The Tahsildar, Kanker, District North- Bastar, Kanker, C.G.

5. The Chief Municipal Officer, Nagar Palika Parishad, Kanker, District North Bastar Kanker, C.G.

6. Sahdev Samrath Son of Mahruram Samrath, R/o. Village Adega, Keshkal, P.S. Keshkal, District- North Bastar Kanker, C.G.

7. Harikishan Son of Keshav Kumar Samrath, resident of Village- Adega, Keshkal, P.S. Keshkal, District- North- Bastar, Kanker, C.G. ---- Respondents For Petitioner - Mr. Mukesh Shrivastava, Advocate.

For State - Mr. Shriya Mishra, Panel Lawyer.

S.B.- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 03-12-2021

1. It is submitted by the learned counsel for the petitioner that the petitioner is recorded owner of the land bearing Khasra No.319/1/A and 319/3/A admeasuring 0.120 hectare and 0.0040 hectare, respectively; situated in Village - Kanker, Tahsil- Kanker, District - North-Bastar Kanker, C.G. The petitioner was using a path for approaching his land. The same has

-2been obstructed by the respondents No.6 & 7. The petitioner has filed an application, before the respondent No.2, 3, 4 and 5 but no action has been taken on this application. It is submitted that Section 131 of the C.G. Land Revenue Code (In short 'the Code, 1959') provides that such dispute has to be decided by the Tahsildar and the Tahsildar also has authority to exercise power granted to him under Section 132 and 133 of the Code, 1959, hence, because of the inaction of the respondent No.4, this petition has been filed praying for issuance of appropriate direction.

2. Learned State counsel representing on behalf of respondents No.1 to 4 opposes the submissions, however, he submits that the petition may be disposed off with direction.

3. Considered on the submissions and perused the documents filed along with the petition. Under Section 131 of the Code of 1959, the Tahsildar is authority, who shall resolve the dispute regarding the right of way and other private easements. He is also empowered to take action under the provision of Section 132 of the Code, 1959 for penalizing the person responsible for creating obstruction and also has power to remove the obstruction under Section 133 of the Code, 1959. Therefore, this petition is disposed off at motion stage. The respondent No.4 is directed to take action on the application/representation filed by the petitioner expeditiously and take decision on the same at the earliest preferably within a period of 60 days.

4. With these observations, this petition is disposed off. Sd/- Monika (Rajendra Chandra Singh Samant) Judge