a (M 't HIGH COURT OF JUDICATURE CHHATTISGARH: BILASPUR m ISi -w1 SINGLE BENCH : HON'BLE SHRI S.R. NAYAK, CJ W.P10) N0,3800 QF 2006 PETITIONER VERSUS RESPONDENTS 2. 3. 4. Shayam Sunder Satnami S/o Chintaram aged about 42 years, Occupation - Kotwar, R/o Viliage Kareli, Tahsil Beria, District Durg (C.G.) State of Chhattisgarh Through the Secretary, Department of Revenue, D.K.S. Bhawan, Raipur (C.G.) The Coliector, District Durg (C.G.) The Sub Divisional OfRcer, Bemetara, Distt. Durg (C.G.) The Tahsildar Tahsii Beria, District Durg (C.G.) Present: Shri F.S. Khare, learned counsel for the petitioner. Shri Yashwant Singh, learned Govt. Adv. for the State. ORAL.ORDER {Passed on 26'" July, 2006) The petitioner has preferred this writ petition complaining that respondent No. 3 and 4 are not deciding the application of the petitioner for grant of Bhoomiswami right. (2) The case of the petitioner is that the petitioner was appointed as a Kotwar by the then Malgujar. The land bearing Khasra Nos. 413, 598, 608, 634, 746, 862, 599, 696 and 762, total area 4 acres situate at village Kareli, District Durg was given to him. The case of the petib'oner 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 Acf), and as per the said Act the ancestors of the petitioner had Bhoomiswami rights over the subject lands on the land and the •isfc.. \- h -<& those lands have been in continuous possession of the 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 counset for the parties and having regard to the facts and circumstances 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 ail the points raised by the petitioner, in accordance wrth law. No costs. Sd/- Chief Justice