\ HIGH COURT OF JUDICATURE CHHATTISGARH: BILASPUR SINGLE BENCH : HON'BLE SHRI S.R. NAYAK, CJ W,P,(Q) N0,3803 OF 2006 PETITIONER VERSUS RESPONDENTS 2. 3. 4. Koduram S/o Pilaram aged about 40 years, Occupation - Kotwar, R/o Viliage Deori, Tahsil Beria, District Durg (C.G.) State of Chhattisgarh Through the Secretary, Department of Revenue, D.K.S. Bhawan, Raipur (C.G.) The Collector, District Durg (C.G.) The Sub Divisiona! OfRcer, Bemetara, Distt. Durg (C.G.) The Tahsildar Tahsil Berla, District Durg (C.G.) Present: Shri F.S. Khare, learned counsel for the petitioner. Shri Yashwant Singh, learned Govt. Adv. for the Stete. ORALORDER tPassed~on'2a"rJu!'y, 2Q06) The petitioner has preferred this writ petition complaining that respondent No. 3 and 4 are notdeciding the application ofthe petitioner for grant of Bhoomiswami right. (2) The case of the petitioner is that the petitioner was appointed as a Kotwar by the then IVIalgujar. The land bearing Khasra No.1541 area 3.15 acres (1.250 Hectares) situate at village Deori, District Durg was given to him. The case of the petitioner is that the lands in question were held by him prior to abolition of Proprietary (Estate, Mahal and Alienated land) Rights Act 1950 (for short "the Act"), and as per the said Act the ancestors of the petitioner had Bhoomiswami rights over the subject lands on the land and the those lands have been in continuous fc H -5- possession ofthe petitioner and therefore, he, being a Kotwar, is entitled to Bhoomiswami rights. (3) Learned counsel for the petitioner submitted that the respondents No. 3 & 4 be directed to decide the application of the petitioner for grant of Bhoomiswami rights over the subject lands. Learned Government Advocate has no objection to issue such direction. (4) Having heard learned counsel for the parties and having regard to the facts and cireumstances of the case, the petition is allowed and the petitioner is permitted to make a detailed representation to the respondent No. 3 within a period of one month raising all his grievances. The respondent No. 3 shall then decide the representation of the petitioner regarding grant of Bhoomiswami right within a period of three months from the date of receipt of the representation after considering all the points raised by the petitioner, in accordance with law. No costs. Sd./- ChiefJustice