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2021 Supreme(Chh) 17

P.R.RAMACHANDRA MENON, PARTH PRATEEM SAHU
Rakesh Kumar Sharma S/o Shri Chandra Shekhar Sharma – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shri Prasun Kumar Bhaduri, Advocate
For the Respondent/State:Shri Sudeep Agrawal, Shri Bhupendra Singh, Shri R.K. Gupta, Advocate

JUDGMENT :

1. The petitioner who is resident of Baikunthpur city has filed this 'Public Interest Litigation' ('PIL') stating the issue raised in the writ petition to be with regard to 'land scam' whereby respondent No.9 got transferred the land in his name, which was recorded in the name of Jail Department in proceedings of exchange of land in revenue case No.04/A-19(4)/2013-14 by Additional Collector, Baiknunthpur, District Koriya, Chhattisgarh without seeking consent of competent authority. The question involved in writ petition is whether the land recorded in the name of Jail Department in revenue records, the Deputy Superintendent of Jail would be the competent authority to give his consent for exchanging of land with private person and whether proceedings drawn by Additional Collector in revenue case for exchange of land under the provisions of Revenue Book Circular (for short 'RBC') are in accordance with law or not.

2. Relevant facts raised in this writ petition are that, land bearing Khasra Nos.252/1 and 298 are recorded in the name of Jail (Reserved for Jail). The land of aforesaid Khasra numbers lying adjacent to the present Jail was vacant and an open land. Other lands bea

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