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2025 DAILYLAW 12511 (CHH)

GOVARDHAN DAS v. STATE OF CHHATTISGARH

WPC/1316/2025 · 2025-03-10

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:11712 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1316 of 2025 1 - Govardhan Das S/o Jethu Das Aged About 57 Years R/o Village Paraswara, Tahsil Lormi, District Mungeli Chhattisgarh. 2 - Gorelal Rathore S/o Jahani Rathore Aged About 70 Years R/o Village Paraswara, Tahsil Lormi, District Mungeli Chhattisgarh. 3 - Smt. Madhu Rathore W/o Sukhram Rathore Aged About 40 Years R/o Village Paraswara, Tahsil Lormi, District Mungeli Chhattisgarh. 4 - Thanu Das S/o Goverdhan Aged About 34 Years R/o Village Paraswara, Tahsil Lormi, District Mungeli Chhattisgarh. 5 - Hara Bai W/o Umend Ram Yadav Aged About 61 Years R/o Village Paraswara, Tahsil Lormi, District Mungeli Chhattisgarh. 6 - Sarmu Ram S/o Jagat Ram Aged About 65 Years R/o Village Paraswara, Tahsil Lormi, District Mungeli Chhattisgarh. 7 - Bhagwan Singh S/o Jahani Aged About 60 Years R/o Village Paraswara, Tahsil Lormi, District Mungeli Chhattisgarh. 8 - Dhan Bai Rathore W/o Nand Kumar Rathore Aged About 49 Years R/o Village Paraswara, Tahsil Lormi, District Mungeli Chhattisgarh. 9 - Faguram S/o Jagat Ram Aged About 75 Years R/o Village Paraswara, Tahsil Lormi, District Mungeli Chhattisgarh. 10 - Chandrika Bai Yadav W/o Mukhi Yadav Aged About 62 Years R/o Village Paraswara, Tahsil Lormi, District Mungeli Chhattisgarh. 11 - Jaggu Ram S/o Ganga Ram Dhruw Aged About 50 Years R/o Village Paraswara, Tahsil Lormi, District Mungeli Chhattisgarh. RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.03.11 10:36:10 +0530 2 12 - Surit Ram S/o Ramayan Aged About 39 Years R/o Village Paraswara, Tahsil Lormi, District Mungeli Chhattisgarh. 13 - Kartik S/o Basawan Aged About 55 Years R/o Village Paraswara, Tahsil Lormi, District Mungeli Chhattisgarh. 14 - Amita Govind W/o Warend Govind Aged About 50 Years R/o Village Paraswara, Tahsil Lormi, District Mungeli Chhattisgarh. 15 - Goukaran S/o Dharmu Yadav Aged About 50 Years R/o Village Paraswara, Tahsil Lormi, District Mungeli Chhattisgarh. Petitioner(s) versus 1 - State Of Chhattisgarh Through Collector, Mungeli, District Mungeli Chhattisgarh. 2 - Commissioner Division Bilaspur, District Bilaspur Chhattisgarh. 3 - The Sub Divisional Officer (Revenue) Lormi, District Mungeli Chhattisgarh. 4 - The Tahsildar Lormi, District Mungeli Chhattisgarh. 5 - The Divisional Forest Officer Mungeli, District Mungeli Chhattisgarh. 6 - The Deputy Divisional Forest Officer Sub Division Lormi, District Mungeli Chhattisgarh. Respondent(s) For Petitioner(s) : Mr. Mirza Hafeez Baig, Advocate For Respondent(s) : Ms. Nupoor Sonkar, PL Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 10/03/2025 1. By the present writ petition, the petitioners are seeking a direction towards the respondent Nos.5 & 6 not to interfere with the land which has been allotted to the petitioners by lease Annexure P-1 dated 05/05/1997. 2. Learned counsel for the petitioners submit that though the petitioners are having possession over the land in question which 3 has been allotted to the them on lease by the State Government, respondent Nos.5 & 6 are interfering with the possession of the land in question and trying to plant trees on the said land of the petitioners. He submits that though the petitioners are approaching the authority for demarcation of the land and the mutation of the said land in the name of the petitioners, the said demarcation and mutation of the land are not being done by the respondents authorities and even the applications are not accepted by the said authorities. Learned counsel for the petitioners refers a similar identical order of this Court dated 24/02/2025 passed in WPC No.1051/2025 and submits that similar order may be passed in favour of the petitioners. 3. Learned State counsel would submit that the petitioners have not annexed any applications for mutation or demarcation in the writ petition, however, they are alleging that the said applications are not being accepted by the authority, which is not acceptable and without pleadings about the said fact, the writ petition is not maintainable. 4. I have heard learned counsel for the parties and perused the pleadings of the petitioners and order dated 24/02/2025 passed by this Court in WPC No.1051/2025. 5. From perusal of the pleading, it appears that 49 acres of land issued on lease to the petitioners out of the Khasra No.15/1 situated at village Paraswara, Tahsil:Lormi, District:Mungeli. As 4 per the pleading of the petitioners, it appears that the land has been granted on lease to the petitioners, however, no mutation proceeding has been done and no demarcation has been made on the land allotted to the petitioners. The petitioners are having the possession over the said land, however, respondent Nos.5 & 6 are trying to plant trees over the said land by interfering in the peaceful possession of the petitioners. Hence, the petitioners are directed to approach the competent authority under the C.G.Land Revenue Code, 1959 for demarcation of land as well as for mutation of the land pursuance to the lease granted to the them within 15 days and on the event of filing of such applications, the concerned authority/Tahsildar, Lormi, District:Mungeli, C.G. shall initiate proceeding for demarcation of the land within a further period of 50 days from filing of such applications and take necessary steps for demarcation of the land and necessary orders be passed on demarcation, and if the petitioners are having possession over the said land, the respondents shall not interfere with the peaceful possession of the land in question, till the date of such demarcation. 6. With the aforesaid observation and direction, the writ petition stands disposed of. SD/- (Bibhu Datta Guru) Judge Rahul