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2025 DAILYLAW 12549 (CHH)

DINESH DHEEMER v. STATE OF CHHATTISGARH

WPC/1369/2025 · 2025-03-12

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:12235 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1369 of 2025 1 - Dinesh Dheemer S/o Ramji Aged About 34 Years R/o Village Paraswara, Tahsil- Lormi, District- Mungeli (C.G.) 2 - Rajkumar S/o Ramchand Aged About 36 Years R/o Village Paraswara, Tahsil- Lormi, District- Mungeli (C.G.) 3 - Meghnath Yadav S/o Dukhwa Aged About 51 Years R/o Village Paraswara, Tahsil- Lormi, District- Mungeli (C.G.) 4 - Krishna Das S/o Jethu Das Aged About 44 Years R/o Village Paraswara, Tahsil- Lormi, District- Mungeli (Chhattisgarh) 5 - Horilal Yadav S/o Satruhan Aged About 41 Years R/o Village Paraswara, Tahsil- Lormi, District- Mungeli (C.G.) 6 - Bihari Ram S/o Mahesh Aged About 44 Years R/o Village Paraswara, Tahsil- Lormi, District- Mungeli (C.G.) 7 - Sudama Bai W/o Brijlal Yadav Aged About 60 Years R/o Village Paraswara, Tahsil- Lormi, District- Mungeli (C.G.) 8 - Mila Bai W/o Kejuram Aged About 70 Years R/o Village Paraswara, Tahsil- Lormi, District- Mungeli (C.G.) 9 - Jamuna Bai W/o Narendra Aged About 50 Years R/o Village Paraswara, Tahsil- Lormi, District- Mungeli (C.G.) 10 - Jagat Ram S/o Kanhaiya Aged About 33 Years R/o Village Paraswara, Tahsil- Lormi, District- Mungeli (C.G.) 11 - Phoolchand S/o Vishwanath Aged About 50 Years R/o Village Paraswara, Tahsil- Lormi, District- Mungeli (C.G.) 12 - Kanti Bai W/o Ramji Jaltare Aged About 60 Years R/o Village Paraswara, Tahsil- Lormi, District- Mungeli (C.G.) RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.03.12 17:48:51 +0530 2 13 - Char Bai W/o Jethuram Aged About 58 Years R/o Village Paraswara, Tahsil- Lormi, District- Mungeli (C.G.) 14 - Purushottam S/o Bhukhau Aged About 67 Years R/o Village Paraswara, Tahsil- Lormi, District- Mungeli (C.G.) Petitioner(s) versus 1 - State Of Chhattisgarh Through Collector, Mungeli, Distt. Mungeli (C.G.) 2 - Commissioner Division Bilaspur, Distt. Bilaspur (C.G.) 3 - The Sub Divisional Officer (Revenue) Lormi, District Mungeli (C.G.) 4 - The Tahsildar Lormi, Distt. Mungeli (C.G.) 5 - The Divisional Forest Officer Mungeli, District Mungeli (C.G.) 6 - The Deputy Divisional Forest Officer Sub Division Lormi, Distt. Mungeli (C.G.) Respondent(s) For Petitioner(s) : Mr. Mirza Hafeez Baig, Advocate For Respondent(s) : Mr. Ritesh Giri, PL Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 12/03/2025 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 has been allotted to them on lease by the State Government, respondent Nos. 5 & 6 are interfering with the possession of the 3 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 and other farmers out of the Khasra No.15/1 situated at village Paraswara, Tahsil:Lormi, District:Mungeli. As per the pleading of the petitioners, it appears that the land has been granted on lease to the petitioners, 4 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 Chhattisgarh 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