Shivnarayan Gupta vs State Of Chhattisgarh And Ors

Prashant Kumar Mishra, J

Petitioner is aggrieved by demolition of the super structure constructed by him over the land in his possession for last 40 years. He claims title to the

land on the basis of grant of bhoomi swami rights by the Tehsildar, Pal in the year 1975-76. According to the petitioner, his name was mutated in the

revenue record in the year 1984-85, but somehow the entry was deleted, which compelled him to move another application for mutation on 28.11.2016,

which is still pending.

In the above factual background, the petitioner has prayed for payment of compensation if his land is acquired for any public purpose and further to

direct the respondents to construct the house, which was illegally demolished.

The issue brought before this Court is a pure revenue dispute, which can only be decided by the appropriate Revenue Authority under Section 57 of

the Chhattisgarh Land Revenue Code, 1959, because the present status of the revenue record would indicate that the same is entered as 'Chhote Jhad

Ka Jungle' and is earmarked for construction of bus stand. If the petitioner claims bhoomi swami right over the subject land, he should approach the

jurisdictional SDO (Revenue) under Section 57, wherein his prima facie title shall be considered. Let the petitioner move such application within 1

month from today and thereafter the SDO (Revenue) shall decide the matter within next 6 months.

The writ petition is dismissed, subject to the above observation.