High CourtsSingle Bench

Surjit Rai vs State Of Chhattisgarh

Chhattisgarh High Court · Decided on 30 May 2022 · Citation: (2022) 05 CHH CK 0063

HON’BLE JUDGES
Narendra Kumar Vyas, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 2459 Of 2022
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Judgment

6 paragraphs · 313 words

Heard.

1.

Learned counsel for the petitioner submits that he is the owner of land bearing khasra No. 303/2 area 0.20 hect, Patwari halka No. 3 at Tahsil Pakhanjur, District Kanker. He submits that the said land is near the pond which is causing difficulty for him to live there. Therefore, he has already moved an application for exchange of land before the Collector on 06.04.2017 vide Annexure P-2. He further submits that Gram Panchyat, Hanker, District Kanker has also issued " No Objection Certificate" to the petitioner for exchange of existing land on 04.11.2019. He further submits that though the application for exchange of land is pending before the Collector but during such pendency the Tahsildar, Pakhanjur may initiate action for dispossession of the petitioner from the said land, therefore he prays for quick disposal of the application.

2.

Learned State counsel submits that they have to seek instructions in this regard whether any application is moved or not.

3.

Heard learned counsel for the parties and perused the documents filed along the petition.

4.

Prima facie, considering the fact that the petitioner has already moved an application for exchange, which is pending according to him. Be that as it may. It is directed that Collector shall decide the application of the petitioner for exchange of land within a period of 2 months from the date of receipt of a copy of this order, if it has not been decided till today. It is further directed that till then respondent No. 4 is restrained from dispossessing the petitioner from the land in question. Interim relief granted to the petitioner by this court shall continue till the application for exchange is decided by the Collector or if it has already been decided by the Collector, till the order is communicated to the petitioner.

5.

With the aforesaid observation, the petition stands disposed off.