Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:15164
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1627 of 2025 1 - Bodhanlal Kosle S/o Sakharam Kosle Aged About 82 Years R/o Village Bhurkoni (Chhapora), Ward No. 18, P.H. No. 48, R.N.M. And Tahsil
Dharsinva,
District
Raipur,
Chhattisgarh. 2 - Shivprasad Verma S/o Kanwalsingh Verma Aged About 59 Years R/o Village Bhurkoni (Chhapora), Ward No. 19, P.H. No. 48, R.N.M. And Tahsil
Dharsinva,
District
Raipur,
Chhattisgarh. 3 - Sitaram Verma S/o Kanwalsingh Verma Aged About 70 Years R/o Ward No. 12, Gudi Chouk Barbanda, Raipur, District Raipur, Chhattisgarh. 4 - Goverdhan Verma S/o Tularam Verma Aged About 51 Years R/o Ward No. 16, Lila Chowk Giraoud, Raipur, Tahsil And District Raipur, Chhattisgarh. 5 - Punaram Verma S/o Kalanath Verma Aged About 79 Years R/o Behind Of Old Petrol Pump, Lakshay Bhawan, Tikrapara, Ward No. 12, Lakhagarh, Mahasamund, District : Mahasamund, Chhattisgarh 6 - Vedram Verma S/o Premlal Verma Aged About 58 Years R/o Government Quarter No. I-3, Sirpur Bhawan, Civil Line Raipur, Chhattisgarh. VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR
2 7 - Lekhram Verma S/o Premsingh Verma Aged About 52 Years R/o House No. 352, Ward No. 13, Village Giraoud, Tahsil Dharsiva, District Raipur,
Chhattisgarh. 8 - Anandram Verma S/o Hemsingh Verma Aged About 65 Years R/o Ward No. 19, Village Bhurkoni (Chhapora), Tahsil Dharsiva, District Raipur,
Chhattisgarh. 9 - Awadhram Verma S/o Premsingh Verma Aged About 73 Years R/o House No. 351, Ward No. 13, Village Giraoud, Tahsil Dharsiva, District Raipur,
Chhattisgarh. 10 - Samaylal Lahre S/o Ramdas Lahre Aged About 73 Years R/o Ward No. 18, Village Bhurkoni (Chhapora), Tahsil Dharsiva, District Raipur, Chhattisgarh. 11 - Rami Lahre S/o Ramdas Lahre Aged About 58 Years R/o Ward No. 18, Village Bhurkoni (Chhapora), Tahsil Dharsiva, District Raipur, Chhattisgarh. ... Petitioners versus 1 - State Of Chhattisgarh Through The Secretary, Revenue And Disaster Management Department, Mantralaya Mahanadi Bhavan, Atal Nagar,
Naya
Raipur,
District
Raipur,
Chhattisgarh. 2 - Commissioner, Raipur Division, Raipur, District Raipur, Chhattisgarh. 3 - The Director Directorate, Urbon Administration And Development Office, D Block, Fourth Floor, Indravati Bhavan, Atal Nagar, Naya Raipur,
District
Raipur,
Chhattisgarh. 4 - The Collector Land Allotment Officer, Raipur, District Raipur, Chhattisgarh. 3 5 - The Sub Divisional Officer Raipur, District Raipur, Chhattisgarh. 6 - The Tahsildar, Dharsinva District Raipur, Chhattisgarh. 7 - The Executive Engineer Chhattisgarh Housing Board, Division No. 3, Saddu Raipur, District Raipur, Chhattisgarh. ...
Respondents (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------ For Petitioner :- Mr. Amit Kumar Sahu, Advocate For State :- Mr. Khulesh Sahu, P.L. For Respondent No.7 :- Mr. Abhijeet Mishra, Advocate (On advance copy) ------------------------------------------------------------------------------------------------ SB- Hon'ble Shri Justice Amitendra Kishore Prasad
Order On Board 01.04.2025
1. The petitioner has filed this petition with a limited prayer that the respondent No.2 i.e. Commissioner be directed to receive/accept the application which has been filed on 14.06.2024 by the petitioner and pass appropriate order in respect of the relief sought by the petitioner.
2. By way of this petition, the petitioner has sought following reliefs:-
“(i) That this Hon'ble Court may kindly be pleased to call for the entire records from the possession of the respondent authorities pertaining to the case of the petitioners for its kind perusal. (ii) That, this Hon'ble Court may kindly be pleased to allow this petition and direct the
4 respondent authorities to receive the application/case of the petitioners and hearing the case and decide the matter after given proper opportunity of hearing to the petitioners. (iii) Any other relief or reliefs which this Hon'ble Court may deem fit or proper in the
facts and circumstances of the case including cost of the litigation.”
3. It has been submitted by learned counsel for the petitioner that when an application has been moved before the Commissioner Raipur Division on 14.06.2024, it has been taken, however, subsequently it has been returned back to the petitioner without rhyming any proper reason. He submits that neither any opportunity of hearing was given nor any date has been mentioned while returning the said application to the petitioner.
4. Learned State counsel submits that once the application has been received by the Commissioner, Raipur Division, the concerned authority ought to have passed certain order, whichever is required to be passed in this case.
5. Considering the facts and circumstances of the case and further considering the limited prayer made by the petitioner, the respondent No. 2 i.e. Commissioner Raipur Division is directed to accept/receive the application of the petitioner dated 16.06.2024 and to pass appropriate order after giving proper opportunity of hearing to the parties concerned.
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6. It is made clear that this Court has not passed any order in respect of the merits of the case. The Commissioner,Raipur Division is at liberty to pass appropriate order after hearing the case and considering the aforesaid aspect of the matter. The petitioners are directed to appear before the Commissioner, Raipur Division on 23.04.2025 and, in turn, the Commissioner Raipur Division is directed to receive/accept the said application on that date and, if possible, pass appropriate order on the same date or any other date. Counsel for the respondent No.7 is also
directed to appear on the said date along with his relevant documents and reply.
7. With the aforesaid observation/direction, the writ petition stands
disposed of. Sd/- (Amitendra Kishore Prasad) Judge Vishakha