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2025 DAILYLAW 16445 (CHH)

DEVIDEEN JAISWAL v. STATE OF CHHATTISGARH

WPC/2278/2021 · 2025-06-22

Shri Rakesh Mohan Pandey

body2025

Judgment text

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1 2025:CGHC:26999 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2278 of 2021 1 - Devideen Jaiswal S/o Lt. Premlal Jaiswal Aged About 51 Years R/o Village Semra Tahsil Manendragarh, District Koria (Chhattisgarh). 2 - Udal Jaiswal S/o Lt. Premlal Jaiswal Aged About 47 Years R/o Village Semra Tahsil Manendragarh, District Koria (Chhattisgarh). 3 - Krishna Kumar Jaiswal S/o Lt. Premlal Jaiswal Aged About 49 Years R/o Village Semra Tahsil Manendragarh, District Koria (Chhattisgarh). 4 - Meena Jaiswal D/o Lt. Premlal Jaiswal Aged About 38 Years R/o Village Semra Tahsil Manendragarh, District Koria (Chhattisgarh), District : Koriya (Baikunthpur), Chhattisgarh 5 - Smt. Devki Jaiswal D/o Lt. Premlal Jaiswal Aged About 49 Years R/o Village Semra Tahsil Manendragarh, District Koria (Chhattisgarh). 6 - Samudri Jaiswal D/o Lt. Premlal Jaiswal Aged About 40 Years R/o Village Semra Tahsil Manendragarh, District Koria (Chhattisgarh). ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary- Revenue Department, Mahanadi Mantralaya, Atal Nagar, Nawa Raipur, District Raipur (Chhattisgarh). Digitally signed by NADIM MOHLE 2 2 - Collector, Koria, District Koria Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh. 3 - Sub Divisional Officer (Revenue) Tehsil Manendragarh District Koria Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh. 4 - Gram Panchayat Semra Through Sarpanch, Village Semra, Tehsil Manendragarh, District Koria Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh ... Respondent(s) For Petitioner(s) : None For State For Respondent No.4 : : Mr. Dashrath Prajapati, P. L. for the State. Mr. Sanjeev Verma, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 23.06.2025 1) None for the petitioner even in two rounds. 2) This petition has been filed seeking the following relief(s):- “10.1. That, this Hon'ble Court may kindly be please to direct the respondent authority to immediately stop the further construction work of Gothan on the land of the petitioners. 10.2. That, this Hon'ble court may kindly be pleased to pay appropriate compensation to the petitioners for the damaged caused by the respondent authorities due to their illegal conduct. 10.3. That, this Hon'ble Court may kindly be pleased to grant any other relief, as it may deems fit and appropriate.” 3) It is submitted that the respondent authorities have commenced construction of a Gothan on the petitioner’s land bearing Survey No. 261/1, admeasuring 1.323 hectares, situated at Village Semra, District Koriya. 3 4) Mr. Sanjeev Verma, learned counsel for respondent No.4, submits that the Gothan is being constructed over Survey No. 262/1, which has been duly allotted by the Revenue Department. 5) Mr. Dashrath Prajapati, learned Panel Lawyer, supports the submission made by Mr. Sanjeev Verma. 6) Considering the fact that there is a dispute with regard to the title and identity of the subject land, in my considered opinion, the present writ petition is not maintainable. 7) However, the petitioner would be at liberty to file a duly constituted civil suit claiming therein title and possession, if the Gothan has been constructed over the subject land. 8) With the aforesaid observations and directions, the writ petition stands disposed of. Sd/- (Rakesh Mohan Pandey) Judge Nadim