1 2025:CGHC:15110 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1574 of 2020  Faagu Das S/o Late Bakhru Das Aged About 57 Years R/o Village Ramehpur, P.H. No. 53, Tahsil Kawardha, District Kabirdham Chhattisgarh., District : Kawardha (Kabirdham), Chhattisgarh ... Petitioner(s) versus 1. State Of Chhattisgarh Through- The Secretary, Revenue Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2. The Collector Kabirdham, District Kabirdham Chhattisgarh., District : Kawardha (Kabirdham), Chhattisgarh 3. Sub Divisional Officer Revenue, Kabirdham, District Kabirdham Chhattisgarh., District : Kawardha (Kabirdham), Chhattisgarh 4. Naib-Tahsildar S. Lohara, Tahsil Kawardha, District Kabirdham Chhattisgarh., District : Kawardha (Kabirdham), Chhattisgarh ... Respondent(s) For Petitioner : None, even in second round For Respondents/ State : Mr. Vedant Shadangi, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 28-03-2025 1) By way of this petitioner, petitioner is claiming Bhumiswami right over service land. 2) It is pleaded in the writ petition that petitioner who is the Kotwar of Village Ramehpur, P.H. No. 30, Teh- Kawardha, District- Kawardha Digitally signed by AJINKYA PANSARE Date: 2025.03.28 17:52:41 +0530 2 (C.G.) is in continuous and peaceful possession of the agricultural land bearing Khasra No. 315 in the said village which was allotted to his father who was also the Kotwar. 3) Learned State counsel submits that petitioner is seeking direction to confer Bhumiswami right in terms of the direction issued by this Court in the WPC No. 782 of 2014 parties being Lalla Singh Chouhan & ors. Vs. State of Chhattisgarh & ors. and WPC No. 1515 of 2014 parties being Shivdas & Anr. Vs. State of Chhattisgarh & Ors. ; but those matters have already been referred to the Hon’ble Division Bench. The Hon’ble Division bench in the matter of Gambhir Das Panika Vs. Chairman Board of Revenue Chhattisgarh (WPC No. 7048 of 2007 & connected matters) reported in 2019 AIR CHHATTISGARH 01 in para 30 held as under:- "30. It appears at the time of hearing of Chhabil Das (supra), Tikaram (supra) and Lalla Singh Chouhan (supra), the decisions rendered by this Court in Smt. Rina Bai (supra), Gopal Agrawal (supra); the decision of the Madhya Pradesh High Court in Gaurishankar Choubey (supra) and that of the Supreme Court in Kanak Chandra Dutta (supra) and Pravir Chandra Bhanj Deo Kakatiya (supra) were not placed before the concerned Benches and had, thus, escaped the attention of the Court. Therefore, the law laid down by this Court in Chhabil Das (supra), Tikaram (supra) and Lalla Singh Chouhan (supra), are per incuriam." He contends that circulars are being issued by the State Government to the effect that Kotwars who have been provided service land cannot claim Bhumiswami right over such lands. 3 4) Heard. 5) Taking into consideration the law laid down by the Hon’ble Division Bench in the matter of Gambhir Das Panika (supra), no case is made out for interference, 6) Consequently, this petition fails and is hereby dismissed. No cost(s). Sd/- (Rakesh Mohan Pandey) JUDGE Ajinkya