Citation : 2021 Latest Caselaw 1455 Chatt
Judgement Date : 29 July, 2021
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
WPPIL No. 33 of 2021
Ravi Kumar Yadav Versus State Of Chhattisgarh
Proceedings through Video Conferencing
29/7/2021 Ms. Shivali Dubey, counsel for the petitioner.
Mr. Sudeep Agrawal, Dy.A.G. for the State.
Heard.
I.A. No.03/2021, application for amendment of the writ petition
is considered and allowed.
Let necessary incorporation be made within a week, thereafter,
petitioner shall pay process fee for service of notice on newly added
respondent.
Learned State counsel submits that the subject tank is a
private tank.
Learned counsel for the petitioner submits that the private
respondents are selling the land recorded as tank. She would further
submit that irrespective of the issue of ownership, land under water
cannot be sold for any other purpose. She would refer to the
judgment rendered by the Supreme Court in the matter of Jagpal Singh Vs. State of Punjab & Ors. {(2011) 11 SCC 396}.
Let the matter be posted for consideration in the week
commencing 06.9.2021.
In the meanwhile, parties shall maintain status quo, in respect
of possession and there shall be no alienation of any part of the land
covered within the khasra number recorded as tank.
SD/- SD/-
(Prashant Kumar Mishra) (Narendra Kumar Vyas)
Acting Chief Justice Judge
Ayushi
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