MILANDAS (DIED) THROUGH LEGAL HEIR - v. STATE OF CHHATTISGARH
WPC/2326/2021 · 2025-07-02
Shri Rakesh Mohan Pandey
body2025
DailyLaw.ai
[ 2025 DAILYLAW 16712 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 16712 (CHH) · dailylaw.ai ]
Judgment text
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1
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2326 of 2021 1 - Milandas (Died) Through Legal Heir - As Per Honble Court Order Dated 05/09/2022 And 01/12/2023 1.1 - Mr. Premchand Banerjee S/o Late Shri Milandas Aged About 73 Years R/o H. No.- C-18, Phase-1, Nature City, Sakari, Bilaspur, Chhattisgarh 495001, District- Bilaspur, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Revenue, Mahanadi Bhawan, Mantralaya New Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Sub Divisional Officer (Revenue), Korba, District Korba Chhattisgarh., District : Korba, Chhattisgarh 3 - Tahsildar, Korba, District Korba Chhattisgarh., District : Korba, Chhattisgarh 4 - Additional Tahsildar, Tahsil Bhaisma, District Korba Chhattisgarh., District : Korba, Chhattisgarh
---- Respondents For Petitioner : Mr. Naveen Nirala, Advocate For State : Mr. Shubham Bajpayee, PL Hon'ble Shri Justice
Rakesh Mohan Pandey
Order on Board 03.07.2025
1. The petitioner has filed this petition seeking the following relief(s):-
“10.1 That the, Hon'ble Court may kindly be pleased to direct the respondent authorities to decide petitioners pending application regarding REKHA SINGH Digitally signed by REKHA SINGH
-2- correction of the land in the revenue record within stipulated time, in the interest of justice. 10.2 That the Hon'ble Court may kindly be pleased to grant any other relief which the Hon'ble Court may find deem fit and proper in the facts and circumstances of the case may also be granted in favour of the petitioners.”
2. Mr. Nirala, learned counsel appearing for the petitioner would submit that the petitioner is the owner of Survey Nos. 361, 366 & 368 admeasuring 5.10, 1.20 & 6.99 acres situated at Village Karmandi, Patwari Circle No.9, Tehsil and District Korba (C.G.). He would further submit that the petitioner made various representations before the respondent authorities for the correction of the revenue records but till date, no decision has been taken. He would pray that a direction may be issued to the respondent authorities for the correction of the revenue records. 3. On the other hand, Mr. Bajpayee, learned Panel Lawyer appearing for the State would oppose the submissions made by Mr. Nirala. He would submit that the petitioner should have moved an application under the provisions of Sections 115 and 116 of the Chhattisgarh Land Revenue Code before the competent Revenue Authority for correction of the revenue records.
He would further submit that the petitioner made representations, therefore, those representations were not considered by the revenue authorities. 4. Heard the learned counsel appearing for the parties and perused the documents placed on the record. 5. Taking into consideration the fact that there is a specific provision under the Chhattisgarh Land Revenue Code with regard to the
3 correction of the revenue entries; the petitioner instead of moving an application under Sections 115 & 116 of the Chhattisgarh Land Revenue Code, made various representations, therefore, in the opinion of this Court, this petition is not maintainable and is accordingly dismissed. 6. However, the petitioner would be at liberty to move an appropriate application before the authority concerned and in turn, the concerned authority is directed to decide it strictly in accordance with the law. Sd/-
(Rakesh Mohan Pandey)
Judge Rekha