BHAKTRAJ LODHI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) BY this petition, the petitioner impugns the order dated 8-2-2002 (Annexure P-7) passed by the Commissioner, Raipur, in Case No. 83/A-19/ 2000-01 arising out of the order dated 9-8-1995 (Annexure P-6) passed by the Collector, Rajnandgaon, in Revenue Case No. 44/A-19 (6) year 1993-94, whereby the order passed by the Collector was affirmed and the appeal was dismissed.

(2.) THE indisputable facts, in nutshell, as projected by the petitioner, are that the petitioner made an application on 30-1-1985 (Annexure P-l) to the Collector, Rajnandgaon for grant of patta of Government land bearing Khasra No. 224/1 area 0.45 acre in lieu of acquisition of the petitioner's land bearing Khasra No. 557 area 0.56 acre for the purpose of construction of road by the Government. THE petitioner, without claiming any compensation, sought for grant of patta of the adjoining Government land bearing Khasra No. 224/1 area 0.45 acre. It was further stated in the said application that the petitioner has incurred some expenses in the development of the said land. THE petitioner moved one more application on 8-2-1994 (Annexure P-4) for grant of the same land in lieu of acquisition of the above stated land belonging to the petitioner.

(3.) BEING aggrieved by the order dated 9-8-1995 passed by the Collector, Rajnandgaon, the petitioner preferred an appeal under the provisions of Section 44 (2) of the Code, 1959 to the Commissioner, Raipur. The Commissioner by order dated 8-2-2002 (Annexure P-7) dismissed the appeal affirming the order passed by the Collector, Rajnandgaon. Commissioner rejected the appeal on the following grounds: