1 2025:CGHC:6930 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 549 of 2014  Kant Dubey S/o Shri Ramanuj Dubey Aged About 40 Years Chairman Cum Director Of K.R.Technical College, Ambikapur, Near Pratappurnaka, R/o Bramhroad, Ambikapur, Ps Ambikapur, Distt Surguja, Cg, Chhattisgarh ... Petitioner(s) versus 1. State Of Chhattisgarh And Ors. S/o Through Urban Development Department, Mahanadi Bhawan, New Mantralaya, Raipur, Distt Raipur, Cg, Chhattisgarh 2. The Collector, Ambikapur, Distt Surguja, Cg, District : Surguja (Ambikapur), Chhattisgarh 3. The Commissioner, Municipal Corporation Ambikapur, Distt Surguja, Cg, District : Surguja (Ambikapur), Chhattisgarh ... Respondent(s) For Petitioner : Mr. Abhinav Dubey, Adv. on behalf of Mr. Sunil Tripathi, Adv. For State : Mr. Sanjeev Agrawal, P.L. For Respondent No. 3 : None Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 06/02/2025 1) By way of this petition, petitioner has sought following relief(s):- AJINKYA PANSARE Digitally signed by AJINKYA PANSARE Date: 2025.02.07 10:58:08 +0530 2 10.1 The Hon’ble Court may be pleased to call for the record of the petitioner for its kind perusal. 10.2 The Hon’ble Court may kindly be pleased to quash the order dated 03.02.2014 (Annexure P-1) passed by the respondent No. 2. 10.3 Any other relief, which may suitable in the facts and circumstances of the case, may also be allowed. 10.4 Cost of the petition may also be given. 2) Petitioner is the Director of a registered educational society styled as K.R. Technical College situated in Ambikapur affiliated with Sarguja University (C.G.). A notification was issued by the Sarguja University on 18.07.2011 whereby permission was granted to conduct examination of regular as well as private students. The petitioner-college is situated near Pratappur Road, Ambikapur which is adjacent to the land in question bearing Khasra No. 426 ad-measuring 2.20 acre. It is also stated that open land of 2.20 acre was being used by the College for sports and cultural activities and petitioner being the Director of the college moved an application before respondent No. 2 for allotment of said land on 13.03.2013. A revenue case was registered which is still pending consideration. Respondent No. 3 vide letter dated 31.01.2014 requested the Collector, Sarguja to allot the said land for its use as graveyard/ cremation ground and also sought advance possession. 3) Learned counsel for the petitioner submits that the application moved by petitioner was pending consideration for allotment of subject land but without there being any resolution passed by Municipal Corporation Ambikapur, respondent No. 3 moved an application before District Collector for allotment of subject land and handing over its possession. He further submits that petitioner is an educational institution and there is requirement of a play-ground. He contends that a separate 3 graveyard is available for the use of general public, therefore, there is no need to allot the subject land for that purpose. He further contends that for graveyard, a distinct land is already available or can be allotted. He argues that a graveyard should not be constructed near an educational institution. 4) On the other hand, learned State counsel submits that petitioner could not substantiate any right over the subject land. He contends that subject land is Nazul Land and in absence of any statutory provisions, an educational institution cannot claim right over the nazul property. He argues that decision has been taken by the Municipal Corporation, Ambikapur for use of subject land as graveyard. He prays that this petition deserved to be dismissed. 5) Heard learned counsel for the parties and perused the documents available on record. 6) It appears that petitioner in this petition has not pleaded that petitioner as an educational institution has any right to claim allotment of nazul land and in absence of any statutory provisions such claim is baseless. Even in absence of any such provision, application was moved before respondent No. 2 and during its pendency, a resolution was passed by respondent No. 3 for allotment of that land for purpose of building a graveyard and request was made to hand over possession of subject land. Pursuant to recommendation made by Municipal Corporation, Ambikapur, a decision was taken by Collector, Sarguja on 03.02.2014 and the Khasra No. 426 ad-measuring 2.20 acre was allotted for the purpose of graveyard to be used by general public. 7) Petitioner is a private educational institution, it collects fee from its students and has sufficient source of income. Petitioner can purchase 4 land for purpose of sports and cultural activities. Petitioner has no right to claim allotment of nazul land or government land for its personal use. The decision was taken by the Municipal Corporation, Ambikapur in the interest of general public and Collector, Sarguja also allotted the land. 8) Taking into consideration the above-discussed facts, I do not find any good ground to interfere with the order impugned. Consequently, this petition fails and is hereby dismissed. No cost(s). Sd/- (Rakesh Mohan Pandey) JUDGE Ajinkya