Thanaru Ram Sahu vs State Of Chhattisgarh
2021 Latest Caselaw 2249 Chatt

                                  1


                     HIGH COURT OF CHHATTISGARH AT BILASPUR

                                WPC No. 3639 of 2021

     • Thanaru Ram Sahu S/o Kondaram Sahu Aged About 68 Years R/o               Village
       Kapasda, P. H. No. 17, Revenue Circle Dharsiwa-1, Tahsil And             District
       Raipur Chhattisgarh Through Power Of Attorney Holder Mahesh              Kumar
       Sahu S/o Shri Thanaru Ram Sahu, Aged About 51 Years R/o                  Village
       Kapasda, P. H. No. 17, Revenue Circle Dharsiwa-1, Tahsil And             District
       Raipur Chhattisgarh
                                                                        ---- Petitioner
                                        Versus
     1. State Of Chhattisgarh Through The Secretary, Department Of Revenue,
        Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur District Raipur
        Chhattisgarh
     2. Collector Raipur District Raipur Chhattisgarh
     3. Sub Divisional Officer (Revenue) Raipur District Raipur Chhattisgarh
     4. Additional Tahsildar Dharsiwa, District Raipur Chhattisgarh
     5. Bhalchand Baghel Concerned Halka Patwari P. H. No. 17, Revenue Circle
        Dharsiwa-1, Tahsil And District Raipur Chhattisgarh
                                                                     ---- Respondents

For Petitioner : Shri Ajay Shrivastava, Advocate.

For State/Respondents : Ms. Shriya Mishra, P.L.

Hon'ble Shri Justice Goutam Bhaduri Order On Board 09.09.2021

Heard.

1. Learned counsel for the petitioner would submit that a decree was passed

in favour of the petitioner in respect of land bearing Khasra No. 198/9 and

198/16 at village Kapasda, Revenue Circle Dharsiwa wherein the petitioner

was declared as owner in possession of the said khasra Nos. The judgment

and decree is dated 31.03.2018 (Anneuxre P-1). It is contended that the

Patwari fraudulently changed the Khasra No. 198/9 to khasra No. 198/8 for

which the petitioner made a complaint to the Nayab Tahsildar. The Nayab

Tahsildar after verification of the records found that the Patwari has illegally

by interpolating the revenue records and map has changed khasra No.

198/9 to khasra No. 198/8 and therefore khasra No. 198/9 to which the right

of the petitioner belongs was omitted. It is further submitted that the order

of the Nayab Tahsildar was affirmed by the SDO and further sent to the

Collector. It is submitted that the Collector has not taken any action,

therefore, the Collector may be directed to take action on the

recommendation of the Nayab Tahsildar and the SDO.

2. Perused the documents.

3. Perusal of the documents would show that the decree exist in favour of the

petitioner and khasra No. 198/9 belong to the petitioner is not disputed. The

order of the Nayab Tahsildar categorically records that the then Patwari had

changed the Khasra No. 198/9 to Khasra No. 198/8 as the boundaries of

khasra No. 198/9 matched with the changed number by interpolation in the

map. The said order was further affirmed by the SDO by order dated

04.03.2021 (Annexure P-3) and certain recommendation was made.

Considering the order passed by the two revenue authorities, it is directed

that the higher revenue authorities to whom the recommendation is made

i.e. the Collector/ Addl. Collector shall conclude the proceedings of whatever

nature it may be, after hearing the respective Patwari against whom the

finding is recorded and shall order accordingly. It is further directed that the

said proceedings shall be completed within a outer limit of 4 months from

the date of receipt of a copy of this order.

4. With the aforesaid observation, the petition stand disposed of.

Sd/-

(Goutam Bhaduri) JUDGE Jyoti