Advocates:
['FOUZIA MIRZA', '', 'SHAMSUDDIN MIRZA', 'SMITA JHA', 'A G']

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

Writ Petition (227) No.603 of 2017

Smt. Kumari Bai W/o Shri Dudhelal Yadav, Aged About 60 Years

Through Power Of Attorney Holder Shri Virendra Bhushan Yadav, S/o

Shri Dudhelal Yadav, R/o Dharampura, Tahsil & District Raipur,

Chhattisgarh.

---- Petitioner

Versus

1. Chairman, Board Of Revenue Chhattisgarh, Bilaspur, Circuit Court,

Raipur, Chhattisgarh.

2. Additional Commissioner (Revenue), Raipur, Division, District

Raipur, Chhattisgarh.

3. Collector, District Raipur, Chhattisgarh.

4. Sub Divisional Officer (Revenue) Arang, Abhanpur, District Raipur,

Chhattisgarh.

5. Tehsildar, Arang, District Raipur, Chhattisgarh.

---- Respondents

For Petitioner

: Ms. Fouzia Mirza, Advocate

For State

: Mr. Shashank Thakur, Government Advocate

Hon'ble Shri Justice Sanjay K. Agrawal

Order On Board

29/08/2017

(1)

The petitioner filed an application under Part-IV, Chapter-III,

Para-20 of Revenue Book Circular before respondent No.5-Tahsildar,

District Raipur to exchange of her land with the government land. That

application has been allowed by Tahsildar, Raipur and Sub-Divisional

Officer (Revenue), District Raipur and thereafter, it has been reversed by

respondent No.3-Collector, Raipur, which has been affirmed by

Additional Commissioner (Revenue), Raipur and Board of Revenue,

Raipur against which, this writ petition under Article 227 of the

Constitution of India has been filed by the petitioner herein.

(2)

Learned counsel appearing for the petitioner would submit that

all the three authorities i.e. Board of Revenue, Raipur, Additional

Commissioner (Revenue), Raipur and Collector, Raipur have committed

illegality in non-exchanging her land with government land and set-aside

the orders of Tahsildar, Raipur and Sub-Divisional Officer (Revenue),

Raipur.

(3)

Learned counsel appearing for the State/respondents would

support the impugned order and oppose the submissions made by the

learned counsel for the petitioner.

(4)

I have heard learned counsel for the parties and perused the

impugned order with utmost circumspection.

(5)

All the three authorities i.e. Board of Revenue, Raipur,

Additional Commissioner (Revenue), Raipur and Collector, Raipur have

concurrently held that the land in question is reserved for grazing

purpose and it cannot be allowed to exchange without compliance of

Section 237 of the Chhattisgarh Land Revenue Code, 1959.

(6)

Section 234 of the Chhattisgarh Land Revenue Code, 1959

throws sufficient light on the preparation of “Nistar Patrak” and according

to this provision, the Sub Divisional Officer shall prepare the 'Nistar

Patrak' embodying the scheme of all unoccupied lands of all matters

indicated thereto and particular matter specified in Section 235. Section

235 of the Code relates to matters to be provided for in 'Nistar Patrak and

according to this provision the matters highlighted from clauses (a) to (d)

shall be dealt with under this provision. Section 236 of the Code speaks

about provision in 'Nistar Patrak' for certain other matters like free

grazing of cattle used for agriculture; etc. as envisaged in clauses (a) to

(c). Sub-section(1) of Section 237 empowers the Collector to set apart

unoccupied land for certain purposes including for grass bir. For ready

reference it would be apt to quote relevant portion of Section 237(1) and

clause (b) of the Code, which reads as thus:-

“237. Collector to set apart land for exercise of Nistar right.-

(1) Subject to the rules made under this code, the Collector may

set apart unoccupied land for the following purposes, namely:-

(a)

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(b)

for pasture, grass bir or fodder reserve;

(c)

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(d)

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(e)

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(f)

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(g)

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(h)

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(i)

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(j)

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(k)

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(7)

Looking to entire scheme of Chapter XVII of the Code,