1 2025:CGHC:11734 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1301 of 2025 1 - Gopal Sao S/o Shri Vishwanath Sao Aged About 55 Years R/o. Village Bhala, Tahsil Ramanujganj, District Balrampur - Ramanujganj (C.G.) ... Petitioner(s) versus 1 - The State of Chhattisgarh Through The Secretary, Department Of Revenue And Disaster Management, New Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur Distt Raipur (C.G.) 2 - The Commissioner Sarguja Division, District Sarguja (C.G.) 3 - The Additional Collector Ambikapur, District Sarguja (C.G.) 4 - The Tahsildar Tahsil Pal, Ramanujganj, District Balrampur - Ramanujganj (C.G.) 5 - Makhiran S/o Shri Ramkhelawan Aged About 67 Years R/o. Village Bhala, Tahsil Ramanujganj District Balrampur- Ramanujganj (C.G.) 6 - Mohar S/o Shri Ramkeshwar Aged About 70 Years R/o Village Bhala, Tahsil Ramanujganj District Balrampur- Ramanujganj (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Dashrath Kushwaha, Advocate. For Respondents/State : Ms. Upasana Mehta, Dy.G.A. AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.03.11 13:32:01 +0530 2 Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 10/03/2025 1. Challenge in this petition is to the order dated 11/12/2024 Annexure P-1 passed by the respondent No.1. 2. Learned counsel appearing for the petitioner would submit that the petitioner filed an application before the respondent No.4 on 16/06/1986 stating, inter alia, that the respondent Nos.5 & 6 by playing fraud, obtained the lease in respect of the land bearing khasra No.104/2 area 2.06 acres, despite the fact that the said land is in possession of the petitioner since a long period. He would submit that the Tahsildar without appreciating the facts and circumstances of the case in its true perspective, dismissed the said application of the petitioner vide order dated 13/03/1989 holding that the petitioner was resident of Bihar( now Jharkhand); residing at village Bhala, Tahsil, Ramanujganj, District: Balrampur-Ramanujgang, C.G.; and running a grocery shop. Against the said order, the petitioner filed a revision before the Additional Collector which was dismissed vide order dated 31/01/1995 on the ground of delay. Thereagainst, the petitioner approached the Additional Commissioner, Sarguja Division, who also dismissed the case of the petitioner vide order dated 29/03/2023. Aggrieved by the said order, the petitioner approached the respondent No.1, who dismissed the case of the petitioner by the order 3 impugned dated 11/12/2024. He further submits that the respondents authorities without considering the case of the petitioner dismissed the same in an illegal and arbitrary manner. 3. Learned counsel for the State, on the other hand, would support the order impugned passed by the respondent authorities. 4. I have heard learned counsel for the parties, perused the pleadings and documents. 5. Perusal of the pleadings and the documents appended with the instant petition, it is manifest that the respondent No.4 passed the order dated 13/03/1989 wherein he has categorically observed that the petitioner himself is not the resident of State of C.G., whereas he belongs to Jharkhand and by residing in the State of C.G., he is running a grocery shop. It is also evident from the order impugned that the Patta of the land in question has been granted in favour of the respondent Nos.5 & 6 in the year 1985 itself and they have never encroached upon the land of the petitioner. Even the Additional Collector in its order found that the Patta granted in favour of the respondent Nos.5 & 6 is valid. It is also evident that though the respondent Nos.5 & 6 are the residents of the State of C.G., the petitioner wrongly taken a plea that the said respondents are resident of Jharkhand. While passing the orders, the 4 revenue authorities considered all the details and passed the reasoned and speaking orders. The order impugned is also just and proper, warranting no interference of this Court. The petitioner failed to make out a case in his favour. 6. Accordingly, the writ petition fails and is hereby dismissed. SD/- (Bibhu Datta Guru) Judge Gowri/ Amardeep