1 2025:CGHC:13976 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1388 of 2025 Dular Singh S/o Shri Suklal Aged About 52 Years R/o Village Pirda Tahsil Pithora District - Mahasamund (C.G.) ... Petitioner versus 1 - The State of Chhattisgarh Through The Secretary Department of Revenue And Disaster Management New Mantralaya Atal Nagar Nawa Mahasamund District - Mahasamund (C.G.) 2 - The Commissioner Raipur Division District - Raipur (C.G.) 3 - The Collector Mahasamund District - Mahasamund (C.G.) 4 - The Sub Divisional Officer (Rev.) Sub Division Pithora District - Mahasamund (C.G.) 5 - The Naib Tahsildar Tahsil Pithora District - Mahasamund (C.G.) 6 - The Principal Government Naveen College Pirda Mahasamund District - Mahasamund (C.G.) ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Pushpendra Kumar Patel, Advocate For Respondents/State : Ms. Anuja Sharma, Panel Lawyer Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 24.03.2025 1. Heard Mr. Pushpendra Kumar Patel, learned counsel for the petitioner and Ms. Anuja Sharma, learned Panel Lawyer, appearing for the State/respondents. YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.03.25 10:28:17 +0530 2 2. The petitioner has prayed for following relief(s):- “10.1 That, this Hon'ble Court, may kindly call for the entire record in relates to the case of the Petitioner. 10.2 That, this Hon'ble Court, may kindly be pleased to issue writ/writs, order / orders, direction/directions, and set-aside the impugned order dated 07.01.2025 (Annexure P-1), issued by the Respondent No.02 and order dated 17.09.2024 (Annexure P-2), issued by the Respondent No.03. Further be pleased to direct the Respondent authorities to allow the petitioner to continue possession and cultivate the subject land for their livelihood, in the interest of justice. 10.3 That, any other relief, this Hon'ble Court, deem fit and proper may also kindly be granted to the Petitioner, in the interest of justice.” 3. In this petition, the petitioner has challenged the order dated 07.01.2025 (ANNEXURE P-1), passed by respondent No.2 (Commissioner, Raipur Division Raipur) in Case No. 149A/59/2024-25, whereby respondent No.2 has dismissed the appeal of the petitioner at motion stage on the consequences of 3 refusal of the application for permission of appeal, in which the petitioner challenging the order dated 17.09.2024 passed by respondent No.3 (Collector, Mahasamund) whereby the Collector has allotted the land bearing Khasra No. 1740, 1744, 1745, Rakba 0.60, 1.10, 0.27 hectare, total Khasra No. 03, total Rakba 1.97 Hectares to respondent No.6. 4. Learned counsel for the petitioner submits that the petitioner is challenging the allotment order dated 17.09.2024 passed by the Collector, Mahasamund on the ground that the allotment order passed by the Collector is completely illegal, erroneous and contrary to the law because the petitioner and his predecessor is possessing over it and cultivating the same and some part of the lands are being used for crematorium, which was challenged by the petitioner, but respondent No.2 has dismissed the petition of the petitioner vide order dated 07.01.2025, hence, it is prayed that the petition be allowed and the impugned order dated 07.01.2025 be set-aside. 5. On the other hand, learned State counsel has opposed the submissions made by learned counsel for the petitioner and submits that the liberty lies to the petitioner to approach the appropriate forum for rederssal of his grievance. 6. I have heard learned counsel for the parties and perused the documents annexed with the writ petition. 4 7. Considering the facts and circumstances of the case, particularly, the fact that the liberty lies to the petitioner to approach the appropriate forum, instant writ petition is dismissed as withdrawn with liberty granted in favour of the petitioner to approach the concerned authority for redressal of his grievance. 8. It is made clear that this Court has not expressed any opinion on the merits of the case. Sd/- - (Amitendra Kishore Prasad) Judge Yogesh