Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:14266 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2234 of 2021 1 - Anand Ram Son Of Magan Lal Sarthi Aged About 61 Years Caste Ghasiya, Resident Of Village Rohinapali, Post Amalipali, Tahsil Sarangarh, District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh.
... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mahanadi Bhawan New Mantralaya, Naya Raipur (Chhattisgarh),
District
:
Raipur,
Chhattisgarh 2 - Collector Raigarh, District Raigarh (Chhattisgarh), District : Raigarh, Chhattisgarh 3 - Sub Divisional Officer (Revenue) Sarangarh, District Raigarh (Chhattisgarh),
District
:
Raigarh,
Chhattisgarh 4 - Tahsildar Tahsil Sarangarh, District Raigarh (Chhattisgarh), District : Raigarh,
Chhattisgarh 5 - Sarpanch Gram Panchayat Kapartunga, Janpad Panchayat Sarangarh, District Raigarh (Chhattisgarh), District : Raigarh, Chhattisgarh ---- Respondents WITH WPC No. 2236 of 2021 1 - Smt. Uma Bai Daughter Of Ramdayal Chouhan Aged About 65 Years Occupation Labour / Cultivator, Resident Of Village Jharpali, Post Amethi, Tahsil Sarangarh, District Raigarh Chhattisgarh, District :
-2- Raigarh, Chhattisgarh 2 - Smt. Bhoj Kunwar Wife Of Shri Santosh Yadav, Caste Rawat Resident Of Village Jharpali, Post Amethi, Tahsil Sarangarh, District Raigarh Chhattisgarh.
... Petitioners versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mahanadi Bhawan New Mantralaya, Naya Raipur (Chhattisgarh), District : Raipur, Chhattisgarh 2 - Collector Raigarh, District Raigarh (Chhattisgarh), District : Raigarh, Chhattisgarh 3 - Sub Divisional Officer (Revenue) Sarangarh, District Raigarh (Chhattisgarh), District : Raigarh, Chhattisgarh 4 - Tahsildar Tahsil Sarangarh, District Raigarh (Chhattisgarh), District : Raigarh, Chhattisgarh 5 - Sarpanch Gram Panchayat Amethi, Janpad Panchayat Sarangarh, District Raigarh (Chhattisgarh), District : Raipur, Chhattisgarh ---- Respondents For Petitioners : Shri Udho Ram Koshaley, Advocate. For Respondent/State : Ms. Shailja Shukla, Dy. G.A. Hon'ble Shri Justice
Rakesh Mohan Pandey
Order on Board 25.03.2025
1. Heard on admission.
2. In W.P.(C) No.2234 of 2021, the petitioner – Anand Ram has sought a direction to the respondent authorities not to remove his possession from the subject land bearing Survey No.377/1, admeasuring 2.282 hectares situated at Village Rohinapali, Post
3 Amalipali, Tahsil Sarangarh, District Raigarh, Chhattisgarh. In WP(C) No.2236 of 2021, the petitioners – Smt. Uma Bai and Smt. Bhoj Kunwar have sought a direction to the respondent authorities not to remove their possession from the subject land bearing Survey No.54, admeasuring 1.50 hectares and 1.50 hectares, situated at Village Jharpali, Post Amethi, Tahsil Sarangarh, District Raigarh, Chhattisgarh.
3.
Learned counsel for the petitioners would submit that the petitioners have constructed houses on the above-mentioned lands and have been residing there for more than 50-60 years. He would contend that the petitioners moved applications before the Collector/respondent No.2 for the grant of lease on 31.8.2020 and 8.4.2021 but till date, the said authority has not taken any decision. He would pray that a direction may be issued to respondent No.2 to decide the pending applications.
4. On the other hand, learned counsel for the State would oppose the
submissions made by counsel for the petitioners. She would submit that the petitioners have no right over the government land and that the petition deserves to be dismissed.
5. I have heard learned counsel appearing for the respective parties and perused the documents present on the record.
6. A perusal of the pleadings made in the writ petitions would make it clear that the petitioners have constructed houses on the land in
-4- question and have been residing there for more than 50-60 years. The applications for the grant of lease were moved by the petitioners in the year 2020 before the Collector, Raigarh but till date, no decision has been taken. Therefore, both the petitions are
disposed of at the admission stage, directing respondent No.2 to take a decision on the applications moved by the petitioners for the grant of lease in an objective manner, strictly in accordance with the law, preferably within a period of 120 days from the date of receipt of a copy of this order. The petitioners would be at liberty to make fresh representations.
7. With the aforesaid observation(s), both the petitions are disposed of at the admission stage itself. Sd/-
(Rakesh Mohan Pandey)
Judge Nimmi