HIGH COURT OF CHHATTISGARH BILASPUR © “:5 Writ Petition jArt. 227) No.3593 of 2010 Suresh Kumar, S/o Ramlal, aged about 30 ‘years, Village Kotwar, R/o Viilage Ratanpur, Tahsil Kota, District Bilaspur (C.G.) Versus RESPONDENTS: 1. Board of Revenue, Chhattisgarh at Bilaspur (C.G.) . 2. The State of Chhattisgarh through the Collector, Bilaspur (C.G.) Ramanuj Shukla, S/o Shri Radhebihari Shukla, Power of Attorney Holder of Radhebihari Shukla, S/o Balmukund Shukla, R/o Village Ratanpur, Tahsil Kota, District Bilaspur (C.G.) 4. Radhebihari Shukia S/o Baimukuhd Shukla, R/o Village Ratanpur‘ Tahsil Kota, Distt. Bilaspur (C.G.) PETITIONERZ {Writ petition under Article 227 of the Constitution of india} Present: Mr. Subhash Yédav, counsel for the petitioner. None present for respondent No.1. Mr. Sumit Jhanwar, Panel Lawyer for the State/respondent No.2. Mr. B.P. Sharma, counsel for respondents No.3 & 4. Single Bench: Hon’ble Mr. T.P. Sharma, J ORDER V (28—9—201 1) 1. By this writ petition under Article 227 of the Constitution of India§:‘the petitioner has challenged legality and propriety of the order dated 1-4-2010 passed by the Board of Revenue, Bilaspur in Revision Case No.RN/02lR-A- 19/86/2010, whereby the Board of Revenue has passed the order of exchange of the land. 2. i have heard learned counsel for the parties, perused the order impugned, copies of other applications and copies of Forms B—1 & P-ll. 3. As per the order impugned, initially, respondent No.3 herein filed an application as attorney of his father Radhebihari Shukla, respondent No.4 herein, before the Additional Collector for exchange of his land of 5 acres which is presently under water under the Irrigation Scheme, on 4-1 0-2005, but such proceeding was pending before the Additional Collector and other @O authorities, till filing of revision before the Board of Revenue. After considering the submission of counsel for respondents No.3 & 4 herein and considering other matters, the Board of Revenue has passed order for exchange of lands. . The order impugned reveals that the revenue authorities i.e. the Additional Collector and other authorities have not acted in accordance with the rules and procedure and the matter was pending for five years relating to exchange of land. lt is not expected from the revenue authorities to keep the matter pending for so many years, especially in which the parties whose land has been affected by the Irrigation Scheme and to whom the compensation has also not been paid. ln these circumstances, the option left to the Board of Revenue was to direct the Additional Collector or the authorities concerned to pass order within the stipulated time instead of passing the order by itself during pendencyof proceeding before the Additional Collector. . In these circumstances, without further comment, the petition is allowed and the order dated 1—4—2010 passed by the Board of Revenue, Bilaspur in Revision Case No.RN/02/R—A—19/86/2010 is hereby quashed. The matter is remitted back to the Additional Collector, Bilaspur for deciding it afresh expeditiously, preferably within three months from today and to intimate this Court the result thereof. . Parties are directed to remain present before the Additional Collector, Bilaspur on 16-1 1 -2011 for further proceeding of the case. . No order as to costs. Soma e \. r.\ Sdl— . T.P. Sharma Judge