Advocates:
['Sachin Nidhi', '', 'AJAY KUMAR CHANDRA', 'MUKUL CHATURVEDI', 'Hariom Rai', 'AMARNATH RAI', 'A G']

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HIGH COURT OF CHHATTISGARH AT BILASPUR

WPC No. 3003 of 2021

•

Niranjan Mali S/o Vimal Mali Aged About 60 Years R/o Nehru Nagar, Tehsil

Ramanujganj District Balrampur Ramanujganj Chhattisgarh

---- Petitioner

Versus

1. State Of Chhattisgarh Through The Collector District Balrampur

Ramanujganj Chhattisgarh

2. The Sub Divisional Officer Ramanujganj, District Balrampur Ramanujganj

Chhattisgarh.

3. The Tahsildar Ramanujganj, District Balrampur Ramanujganj Chhattisgarh.

---- Respondents

For Petitioner

:

Shri Sachin Nidhi, Advocate

For State

:

Shri Ashish Tiwari, G.A.

Hon'ble Shri Justice Goutam Bhaduri

Order On Board

27.07.2021

Heard

1. The grievance of the petitioner is that after settlement of the land bearing

Khasra No. 329, 300 and 331 which belongs to the petitioner has been

consolidated into new Khasra No. 361 and that has been shown as

grazing land (Gauchar) because of the error committed by the authorities

and the ownership land has been turned into the grazing land for which the

application for correction has been filed before the Tahsildar under Section

89 of the Land Revenue Code, 1959. He further prays that the Tahsildar

may be directed to decide the case of the petitioner as early as possible. It

is further submitted that on the oral instructions of the SDO the application

was moved before the Tahsildar.

2. Perused the documents.

3. Perusal of Section 89 of the Land Revenue Code, 1959 shows that it is

the SDO who is vested with the power to correct such error but if the

application has not been filed before the SDO, this Court cannot vest

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Tahsildar with the powers of Section 89 of the Land Revenue Code and no

directions can be given to the Tahsildar, as the application has been

moved before the wrong forum.

4.

With the aforesaid observation, the petition stands disposed off.

Sd/-

(Goutam Bhaduri)

Judge

Jyoti