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2025 DAILYLAW 10492 (CHH)

SMT. GANGOTRI BAI v. STATE OF CHHATTISGARH

WPC/866/2020 · 2025-03-05

Shri Rakesh Mohan Pandey

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Judgment text

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1 2025:CGHC:10844 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 866 of 2020 • Smt. Gangotri Bai W/o Shri Uday Ram Aged About 77 Years Caste Halba R/o Village Chawela, Police Station And Tahsil Bhanupratappur, District Uttar Bastar Kanker, District : Kanker, Chhattisgarh ... Petitioner Versus 1. State Of Chhattisgarh Through The Secretary, Jan Shilayat Niwaran Vibhag, Mantralaya, Mahanadi Bhavan, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh 2. The Collector Uttar Bastar, Kanker, District : Kanker, Chhattisgarh 3. The Sub Divisional Officer (Revenue) Bhanupratappur, District Uttar Bastar Kanker, Chhattisgarh 4. The Tahsildar Bhanupratappur District Uttar Bastar Kanker, Chhattisgarh 5. Chhattisgarh Rajya Anusuchit Janjati Aayog Through The Secretary, Chhattisgarh Rajya Anushuchit Janjati Aayog, Raipur, District : Raipur, Chhattisgarh 6. Gokul Ram Yadav S/o Late Shri Goverdhan, Caste Raut, R/o Village Chawela, Post Office Karmoti, Police Station And Tahsil Bhanupratappur, District Uttar Bastar Kanker, Chhattisgarh 7. Paklu Ram S/o Late Shri Partam, Caste Raut, R/o Village Chawela, Post Office Karmoti, Police Station And Tahsil Bhanupratappur, District Uttar Bastar Kanker, Chhattisgarh 8. Baratiya R/o Village Chawela, Post Office Karmoti, Police Station And Tahsil Bhanupratappur, District Uttar Bastar Kanker, Chhattisgarh., 9. Keshav Ram Yadav S/o Late Shri Goverdhan, Caste Raut, R/o Village Chawela, Post Office Karmoti, Police Station And Tahsil Bhanupratappur, District Uttar Bastar Kanker, Chhattisgarh 10. Gyan Singh Gaur S/o Shri Prabhuram Gaur, R/o Village Bogar, Police Station And Tahsil Bhanupratappur, District Uttar Bastar Kanker, Chhattisgarh ... Respondents For Petitioner : None, even in two round For Respondents No. 1 to 5/ State : Ms. Neelima Singh Thakur, Panel Lawyer Digitally signed by RAMESH KUMAR VATTI 2 Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 05/03/2025 1. The petitioner has filed this petition seeking the following relief(s):- “10.1 Hon’ble Court may kindly be pleased to call for the entire records pertaining to this case from possession of the respondents for it’s kind perusal. 10.2 The Hon’ble Court may kindly be pleased to issue suitable writ, order commanding the respondent authorities to direct the Collector, North Bastar Kanker to decide the case of petitioner preferably within a period of three months in compliance of the order of Hon’ble High Court dated 10-10-2018 passed in WPC No. 1694/2015 (Annexure P-5). 10.3 Any other relief, which this Hon’ble Court may deem fit and proper, may also be passed in favour of the petitioner.” 2. In WPC No. 573 of 2017 and connected matters following order was passed by the coordinate bench of this Court vide order dated 10.10.2018. The relevant para-6 of the said order is reproduced herein under:- “6. A reading of the entire material placed before this Court including the contents of the recommendation made by the ST Commission, which would refer to the statement of the Revenue Officer, it appears, it is necessary in the ends of justice to direct the concerned Collector to enquire the matter regarding grant of lease to the persons over 75.81 acres of land situated at village Chawela, Tahsil Bhanupratappur, District Kanker. In such enquiry the Collector, Kanker, shall provide opportunity of hearing including personal hearing to all the effected parties. The parties would be at liberty to place evidence, both oral and documentary, before the Collector including the order passed by the Civil Court, if any. Based on the outcome of the enquiry and the final order passed by the Collector, Kanker, the petitioners would be at liberty to move afresh before this Court.” 3 3. It appears that the authorities concerned have not taken any action in compliance of order passed by the coordinate bench in WPC No. 1694 of 2015, therefore, the petitioner has filed this petition. 4. Learned counsel for the State would submit that this petition is not maintainable as same is filed for execution of order passed in WPC No. 1694 of 2015. 5. Heard Ms. Neelima Singh Thakur, learned Panel Lawyer appearing for the State. 6. Taking into consideration the fact that the direction was issued by the coordinate bench of this Court in WPC No. 573 of 2017 dated 10.10.2018 and till date no action has been taken, this petition is disposed of with a direction to the concerned authority to comply with the order dated 10.10.2018 in its letter and spirit expeditiously preferably within a period of 150 days from the date of receipt of copy of this order. 7. With the aforesaid direction, the petition is disposed of at the admission stage. Sd/- (Rakesh Mohan Pandey) Judge vatti