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2018 Supreme(Chh) 33

IN THE HIGH COURT OF CHHATTISGARH, BILASPUR
GOUTAM BHADURI, J.
Lalla Singh Chouhan S/o Shri Mangal Singh and Others – Petitioners
Versus
State of Chhattisgarh S/o Through The Secretary, Department of Revenue And Disaster Managenent and Others – Respondents
WPC No. 782, 1509-1515, 1728, 1729, 1852, 1901, 1908, 2086, 2138, 2310, 2311, 2336, 2337, 2338 of 2014, 530, 535, 538, 540-547, 552-555, 824, 902, 1376, 1492 of 2015, 292, 1582, 2045, 629 of 2016, 2395, 2416 of 2017
Decided On : 01-02-2018

Advocates Appeared:
For the Petitioner:Mr. Sachin Singh Rajput, Mr. Manoj Paranjpe, Mr. Anup Majumdar, Mr. Parag Kotecha, Mr. Malay Shrivastava, Mr. Jitendra Pali & Mr. Kamal Kishore Patel, Advocates
For the Respondent:Mr. Ramakant Mishra, Dy. A.G. with Mr. Anupam Dubey, State Govt. Advocate

Headnote:

Constitution of India,1950 - Article 166 - C.G. Land Revenue Code, 1959 - Section32 - Abolition of Proprietary Rights (Estates, Mahals Alienated Lands) Act, 1950 - Section 183 - Right is by virtue of rendering their services - Earlier notification was directed to be withdrawn by impugned notification whereby rights of were conferred pursuant to order passed in W.P when the history and background of issue is traced it unearths that certain & others in year - writ petitions were preferred by ground that prior to predecessors of petitioners therein were in possession of agricultural lands and were in possession was uninterrupted and continuous - It was stated that said lands were recorded in settlement revenue records in name of predecessors of the petitioners - It was stated that they were working as in the village but lands were granted prior to petitioners by said for their enjoyment - So after abolition of they being in possession of land became said lands - Held, Applying aforesaid principles in instant case omnibus direction to mutate all lands held by as a service land/ land cannot therefore be sustained - State Government however has right to restrict use of land in terms of section 183 of Code to which were granted to them for rendering service but for fact that a holds a land as will not change status of that land for reason that - Therefore there cannot be a general direction to revert back the revenue records and register entire lands held by lands - Consequently direction (iv) contained in letter March which takes away right of amounts to proprietary in nature and without any authority of law - Petitions stand allowed

ORDER :

1. In this batch of petitions, the core question involved is one and the same and the issue arises over a direction issued by the Joint Secretary, State of Chhattisgarh, Revenue and Disaster Management. By such notification dated 10.03.2014 it takes away the earlier effect of instruction dated 21.04.2003 issued by the Government. The earlier notification dated 21.04.2003 was directed to be withdrawn by the impugned notification whereby Bhoomiswami rights of the Kotwars were conferred pursuant to the order passed in W.P. No.2064/2000 dated 31.10.2001 when the history and background of the issue is traced, it unearths that certain Kotwars i.e. Chhabilal Das & others in the year 2000 had preferred writ petitions before the High Court which were numbered as W.P. No. 2632/2000 & 2064/2000. The High Court in such writ petitions on 31.10.2001 had passed an order to confer Bhumiswami rights to Kotwars who were holding the land on the date of Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 as the lands were said to be 'mafi' lands.

2. The earlier writ petitions were preferred by the Kotwars on the ground that prior to 1950, the predecessors of the petitioners therein were in possession of agricultural lands and were in possession was uninterrupted and continuous. It was stated that the said lands were recorded in Jamabandi i.e. settlement revenue records in the name of the predecessors of the petitioners. It was stated that they were working as Kotwars in the village but the lands were granted prior to 1950 to the petitioners by the said Mal Gujars for their enjoyment. So after abolition of Jamindary they being in possession of the land became the Bhumiswamis of the said lands. In the return filed on behalf of the State, the possession of the petitioners were not disputed and it was stated that the revenue authorities were contemplating to grant Bhoomiswami right to the said persons. The Court while adjudicating the said writ petition recorded the submission of the petitioners that the lands in question were mafi lands and not service lands. The Court observed that since the lands were granted prior to 1950 to the predecessors of the petitioners, as a result, direction was given to the competent authority to grant Bhoomiswarmi right in respect of the lands recorded in Jamabandi in favour of the writ petitioners therein.

3. Based on such direction, the State Government on 21.04.2003 passed the following order, which is filed as Annexure P-8. The order reads as under-

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4. Thereafter, the numbers of Kotwars who were working in the State applied to get their name mutated in respect of the land held by them as Bhoomiswami right. Some of the K






































































































































































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