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Judgment
8 paragraphs · 355 wordsNarendra Kumar Vyas, J
The petitioner has filed this writ petition under Article 226 of the Constitution of India against inordinate inaction and administrative red tapism created by the revenue authorities.
The brief facts as reflected from the record are that the petitioner had moved an application under Section 178 of C.G. Land Revenue Code, 1959 dated 16.02.2012 before the Additional Tahsildar, Jarhagaon, District Mungeli. The record of the case further demonstrates that proceedings before Board of Revenue was also initiated by the present petitioner/Dujabai which was registered as Case No. RN/25/R/A-27/199/2016 Village Chhatona, Tahsil Jarhagaon, District Mungeli and vide order dated 14.12.2020 the Board of Revenue has allowed the revision and directed for partition by setting aside the order dated 14.05.2015 passed by Naib Tahsildar. Even the order has been passed on 14.12.2020 but the Tahsildar has not taken action for regarding partition for the reasons best known to him.
When this Court put a specific query to learned counsel for the State as to why the matter is kept pending for such a long period, he would submit that no such application has been filed by the petitioner, therefore, no occasion was available for the Tahsildar to proceed further.
Since, the Board of Revenue under the Land Revenue Code, 1959 is the Highest Revenue Authority in the filed of Revenue and when the Highest Authority has set-aside the impugned order of the Naib Tahsildar dated 14.05.2015, it is desirable for the Tahsildar to proceed further without any intervention by this Court or by moving any application by the parties.
This shows high handedness of the Revenue Authorities, therefore, the Tahsildar is directed to complete the partition proceedings within an outer limit of four months from the date of receipt of copy of this order, if there is no other impediment in concluding the proceedings.
With aforesaid observation and direction, the instant writ petition is disposed of.
A copy of this order be forwarded to the Secretary (Revenue) as well as the Commissioner, Bilaspur to issue necessary directions to the Revenue Officers to complete the proceedings expeditiously.
