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2025:CGHC:35438
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1534 of 2023 1 - Motiram S/o Late Manbodh Aged About 55 Years R/o Village Bhaisra, Police Station Dongargarh, District : Rajnandgaon, Chhattisgarh 2 - Nirmal Das S/o Late Phooldas Aged About 55 Years R/o Village Bhaisra, Police Station Dongargarh, District : Rajnandgaon, Chhattisgarh 3 - Gajaram S/o Dashrath Aged About 55 Years R/o Village Bhaisra, Police Station Dongargarh, District : Rajnandgaon, Chhattisgarh 4 - Dukhsingh S/o Late Gannu Aged About 73 Years R/o Village Bhaisra, Police Station Dongargarh, District : Rajnandgaon, Chhattisgarh 5 - Kartik Ram S/o Late Phool Singh Aged About 75 Years R/o Village Bhaisra, Police Station Dongargarh, District : Rajnandgaon, Chhattisgarh
... Petitioners versus 1 - State of Chhattisgarh Through Secretary, Revenue And Disaster Management Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, Atal Nagar, District : Raipur, Chhattisgarh 2 - The Collector District Rajnandgaon, Chhattisgarh. 3 - Sub Divisional Officer (Revenue) Dongargarh, District : Rajnandgaon, Chhattisgarh 4 - Tehsildar Dongargarh, District : Rajnandgaon, Chhattisgarh
... Respondents For Petitioners : Mr. Shikhar Bakhtiyar, Advocate For State : Ms. Upasana Mehta, Dy. GA
(Hon’ble Shri Justice Arvind Kumar Verma)
Order on Board 23/07/2025
1. With the consent of learned counsel for the parties the matter is heard finally.
2. The instant petition has been filed being aggrieved by the action of ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.07.25 15:16:09 +0530
2 / 3 respondent authorities whereby the respondent authorities are acquiring the land belonging to the petitioners for the construction of Civil Court under the impression that the said land as stated by the Patwari is the government land whereas the Patwari has committed an error because the said land is private land registered in the name of petitioners.
3. By way of the instant petition, the petitioners are praying for the following reliefs:- 10.1 That this Hon’ble Court may kindly be pleased to direct the respondent authorities to not to act in furtherance of illegal acquisition of petitioners land. 10.2 That any other relief which this Hon’ble Court deems fit and proper may also be granted in favor of the petitioner safeguarding her interest.
4. The grievance of the petitioners is that the the subject land i.e. Khasra No.6, 8, 14/2, admeasuring 0.918, 0.995 and 1.637 total 3.550 hectare situated in Village Bhaisra, P.H.N. 19, RIC Belgaon, the Patwari has wrongly treated the petitioners’ land as a Charagan without proper verification whereas as per the revenue records till date the land belongs to the petitioners private land. Learned counsel for the petitioners would submit that if the said land is taken away from the petitioners then there would be a threat of livelihood of the petitioners and the petitioners have already raised objection in
3 / 3 this regard.
5. Per contra, learned State counsel opposes the submissions made by
learned counsel for the petitioners.
6. I have heard learned counsel for the parties at length and perused the documents with utmost circumspection.
7. Perusal of the documents prima facie reveals that the petitioners are the owners of the land in question and without initiating the acquisition proceeding, the Patwari has sent the report that the above land is the Government land. Looking to the grievance raised by the petitioners, it is directed that the petitioners may file the afresh representation along with all the relevant documents canvassing all their grievance raised in this petition before the concerned Sub Divisional Officer (Reveune) within a period of 15 days from the date of receipt of copy of this order and on such representation being filed by the said Sub Divisional Officer (Revenue) shall decide the same within a period of six months from the date of filing of the representation.
8. With the aforesaid observation, the instant writ petition stands
disposed of. SD/- SD/- (Arvind Kumar Verma)
JUDGE ashu