Extracted from the PDF above. The PDF is authoritative.
1 WPC No.143 of 2024
2025:CGHC:325
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 143 of 2024 1 - Shanker Khandeliya S/o Shri Dwarika Prasad Khandeliya Aged About 64 Years R/o Mahantpara, Sheorinarayan, District Janjgir Champa (C.G.) 2 - Narayan Khandeliya S/o Shri Dwarika Prasad Khandeliya Aged About 60 Years S/o Shri Dwarika Prasad Khandeliya, R/o Mahantpara, Sheorinarayan, District Janjgir Champa (C.G.)
... Petitioner(s) versus 1 - State Of Chhattisgarh The Secretary, Ministry Of Revenue, Secretariat, Capital Complex, Mahanadi Bhawan, Nawa Raipur, District Raipur (C.G.) 2 - The Collector District Janjgir Champa (C.G.) 3 - The Sub-Divisional Officer (R) Janjgir, District Janjgir Champa (C.G.) 4 - The Naib Tahsildar Janjgir, District Janjgir Champa (C.G.) 5 - Arvind Yadav S/o Shri Dharamlal Yadav R/o Kharod, District Janjgir Champa (C.G.) 6 - Gaurav Kesharwani S/o Sunil Kesharwani R/o Shivrinarayan, District Janjgir Champa (C.G.) 7 - Amit Kesharwani S/o Shiv Kumar Kesharwani, R/o Kharod, District Janjgir Champa (C.G.) 8 - Sushil Kesharwani S/o Late Puniram Kesharwani, R/o Shivrinarayan, Distt. Janjgir Champa (C.G.) 9 - Ayush Kesharwani S/o Shri Rajeshwar Kesharwani, R/o Shivrinarayan, District Janjgir Champa (C.G.)
2 WPC No.143 of 2024 10 - Praveen Kesharwani S/o Shiv Kumar Kesharwani, R/o Kharod, District Janjgir Champa (C.G.) 11 - Dhannajay Yadav S/o Shri Shiv Kumar Yadav, R/o Kharod, District Janjgir Champa (C.G.) 12 - Santosh Soni S/o Shri Gorelal Soni, R/o Shivrinarayan, District Janjgir Champa (C.G.) 13 - Priti Rohidas D/o Tikelal Rohidas, R/o Shivrinarayan, District Janjgir Champa (C.G.) 14 - Rajesh Kumar Gupta S/o Late Hemlal Kesharwani, R/o Shivrinarayan, District Janjgir Champa (C.G.) 15 - Dharmendra Kesharwani S/o Late Ratanlal Kesharwani, R/o Shivrinarayan District Janjgir Champa (C.G.) 16 - Laxman Kesharwani S/o Shankarlal Kesharwani, R/o Shivrinarayan, Dist. Janjgir Champa (C.G.)
... Respondent(s) (Cause title is taken from Case Information System) For Petitioners : Shri Sameer Oraon & Shri Raza Ali, Advocates For Respondent/State : Shri Praveen Das, Dy. Adv. General For Respondents No.5, 9, 11 & 13 : Shri Ajay Kumar Dwivedi, Advocate For Respondents No.6,7,8,10,12,14,15 & 16 Shri C.B. Kesharwani, Advocate
Order on Board By Bibhu Datta Guru, J. 3/1/2025
1. By the present writ petition, the petitioner seeks for the following reliefs : A) A writ and/or an order in the nature of writ of mandamus do issue calling for the records from
3 WPC No.143 of 2024 authorities below concerned pertaining to Revenue Case No. 202308062700024/A-19(4)/2022-23, for kind perusal, if this Hon'ble Court deems fit in the facts and circumstances of the case. B) A writ and/or an order in the nature of writ of certiorari do issue quashing the entire proceedings of allotment of petitioners’ land to the respondents herein under the scheme dated 24.2.2022 (Annexure P-3) being illegal. arbitrary, capricious and in violation of the petitioners’ fundamental, constitutional and other rights in the facts and circumstances of the case. C) A writ and/or an order in the nature of writ of do issue directing the State authorities to take appropriate action against the respondent authorities concerned or concerned incumbent officer who has drawn illegal proceedings of allotment of petitioners' shops to the private respondents herein and thus acted in the manner amounts to malice in law and malice in fact. Further, the petitioners be also granted compensation as this Hon'ble Court deem fit for the malicious acts of respondent authorities and in the facts and circumstances of case. D) Any other relief which this Hon'ble Court may deem fit in the facts & circumstances of case. E) Cost of the petition may also be awarded.
2. In the instant writ petition, the State has filed its reply wherein at paras 3, 4 & 5 the following has been stated :
3. It is most humbly submitted by the answering respondents that vide order dated 23-7-2024 the Government of Chhattisgarh, Department of Revenue and Disaster Management, Raipur, cancelled the circular dated 24-2-2022 (Annexure – P/3). Copy of the order dated 23-7-2024 is filed herewith as ANNEXURE – R/1.
4. It is respectfully submitted that in pursuant to the
order dated 23-7-2024, the proceedings initiated as per the Circular dated 24-2-2022 in various cases have already been cancelled.
4 WPC No.143 of 2024
5. It is humbly submitted that however the circular dated 24-2-2022 has already been cancelled, thus, the proceedings in Revenue Case No.202308062700024/ A-19(4)/2022-23 has been vitiated and the instant writ petition has become infructuous and is liable to be (sic the) dismissed.
3. From the contents of the aforesaid reply, it is manifest that the entire proceedings drawn by the respondent authorities pursuant to policy 2022 have been cancelled.
4. In view of the above, nothing remains in this petition for adjudication. Accordingly, it is disposed of. Sd/
(Bibhu Datta Guru) Judge Gowri
K GOWRI SANKARA RAO Digitally signed by K GOWRI SANKARA RAO Date: 2025.01.03 17:52:08 +0530