^ ^ IN TtIE mGH COURT OF CHHATHSGARH AT BILASPtJR WRIT PETETIONNO. .'S'.^1 OF 2002 PETITIONERS '•"'s -.<6 ^pl'y .•f(lf-'''. ^^ ^y ^.<^ sP'-^ .<~<$y ^^"' tf>* A RESFONDENTS FATTESESTG S/oshriAghori R/o vill. Semra Distt. & TahsU-B'Uaspur (CG) RAMAYANDAS S/o shri Mangal Das R/ovill. Semartal Distt. & TahsU-Bilaspur (CG) /RAOSAHEB S/o shri Sukhan Chauhan R/o vill. Khaira Distt. & TahsU-Bilaspur (CG) LATELRAM S/oshriEasm R/ovill. Lakhram Distt. & Tahsa-Byaspur (CG) MAHESHRAM S/o shri Runwar Siagh R/o vil}. Madan pur Distt. &TahsU-BiIaspur (CG) PARASRAM S/o shri Kangalu R/o vill. Nipania Distf. & TahsU-BUaspur (CG) MOHITRAM S/o Shri Hori Ram R/ovUl. Mohra • Distt.& TahsU-Bilaspur (CG) ARJUNSD^GH S/o Shri Mohan Singh R/ovm. Selai- Distt. & TahsU-Bilaspur (CG) VERSUS THESTATE OF CHHATHSGARH ThrQugb-Seeretaiy (Revenue]) Govt. ofCUhattisgarh, Raipur THE COLLECTOR, Baa^ur. ''s^a :»=:: ..—. '^ HIGH COURT OF CHHATTISGARH AT BILASPUR W.P. No.341of2002 Petitioners Fatte Sing audoffaera Vcrsus Respondents The State of CIiHattisgarh & otfaers SB: HonTilc Mr. xJusticc S^ish K. AgnUiotri, J ~ Shri Ashok Uas VaisJinav, AdvoCate for thc pctitioacrs. Smt. Anju Ahuja, Deputy Govt. Advocate for the respondents. l..-',( ORDER (Passed on this 22nd day of Febniaiy, 2007) 1. The case of the writ petitioners is fhat prfar to 1950 fhe pTedecessors ofthe writ petitiouers were ia possession ofsoine lands which are now in possession of the writ petitionera. It is fiu-Qier contended fhat the possession of fhe lands in questkin has been uniaterrupted and contiauous. The lands m. question are clearly recorded in fhe JamabandS i.e. revenue laad record ia the naines of the predecessors of the 'writ petitioners. The petitioners are presentty worldng as Koitwars. Tbsi, are not clauumg the said laads which are recoided in Jainabandi on the basis fhat fhey aie Kotwara but on fbs basis fhat such laads have been gcaated by coinpeteut aufhority to the predecessors prior to 1950. 2. Leanied counsel appearmg &r the petitioiifirs subnu.ts that haviag beeu ia coutiuuous posaession offh.e lands ia question fer such a very long time eveu on humaiutarian considera.tion fhe'peti.ti.oners ShouM be gi»en Bhumiswami rights. Itis also fi-trfher contented tbat in anofh.er case vidc Writ tition No. 2064 of 2000 disposed ofon 3.5.2(X)I such dipectfon was issued by this Court in respect of 36 Kotwara. Leamcd counsel for fhe petitfoner furfher placed reliance on a decisioa offhis Court iu W.P.No. 2632/2000 (Chhaba Das & ofhers Vs. The State ofM.P. & anofher) passed oa 30. 10.2001. It is fiufher conteaded fh.at even otherwise viBage KotwaTS are also entifled to get some Isnds as Kotwars. ^? 3. According to leamed counsel for fhe petitioners a vffl^e Kotwar is entifled to ten acres of land. The petittoaers are claiming possession of fhe lands recorded in reveaue records as those lands werc ia possession oftheir predecessors who were also vfllage Kotwara, 4. According to leamed counsel for fhe pctitioaers the land ia questiou is Mafi laad aad not serrice laiid. Learaed GQuasel appeariBg for ttie rcspondents coatroverts fhis statement 5. Be fliat as it may, it seeias to ine fhat the petitmners are claimiag Bhuauswami rights over the lands which were graated to their predecessors prior to 1950 aad the ssad laads were duty recorded in revenue records. 6. On perusal of the relevant documents placed before ine and after hearmg leamed counsel ofboth sides, l am. ofthe view that it wffl be just and fair that the coiapeteut authority shall consider the issue after affording pnsper opportauuty ofhearit^ to afl the parties and pass appropriate order in regard to claim ofttie writ petitiouers. 7. In fhe resiilt, fhis petition is disposed ofwifhfhe directiou fhat fhe com.petent aufhority shaB. consider the case of fhfi petitioners for grantof Bhooiniswami right, in accoEdaaee with. law after affordiag proper opportunity of hearing to the coucemed parties, wifhia a period of (hree monfhs fix>m. fhe date ofreceipt ofacopy ofthis order. No order as to coste. Certi&ed copy, as per Rules. Sd/- SatishK.Agi r~ Judge otn -•^