Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:16879 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1855 of 2025 1 - Mantram S/o Shri Dukhwa Aged About 50 Years R/o Village- Paraswara, Tah. Lormi, Distt. Mungeli, Civil And Revenue Distt. Mungeli (C.G.) 2 - Parwati Bai W/o Shri Foolchand Aged About 48 Years R/o Village- Paraswara, Tah. Lormi, Distt. Mungeli (C.G.) 3 - Dileshwar S/o Shri Gangaram Aged About 27 Years R/o Village- Paraswara, Tah. Lormi, Distt. Mungeli (C.G.) 4 - Rupa Dhruv W/o Shri Ramchand Aged About 46 Years R/o Village- Paraswara, Tah. Lormi, Distt. Mungeli (C.G.) 5 - Jhunni Bai Dhruv W/o Shri Kanteliha Aged About 60 Years R/o Village- Paraswara, Tah. Lormi, Distt. Mungeli (C.G.) 6 - Urmila Bai W/o Shri Ghanshyam Aged About 55 Years R/o Village- Paraswara, Tah. Lormi, Distt. Mungeli (C.G.) 7 - Jallu Ram S/o Shri Shatruhan Yadav Aged About 28 Years R/o Village- Paraswara, Tah. Lormi, Distt. Mungeli (C.G.) 8 - Adhyan S/o Shri Vishabu Aged About 30 Years R/o Village- Paraswara, Tah. Lormi, Distt. Mungeli (C.G.) 9 - Itwara Bai W/o Shri Mansingh Aged About 65 Years R/o Village- Paraswara, Tah. Lormi, Distt. Mungeli (C.G.) 10 - Umediya Bai W/o Shri Leelaram Aged About 55 Years R/o Village- Paraswara, Tah. Lormi, Distt. Mungeli (C.G.)
--- Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Revenue Department, Mahanadi Bhavan, Mantralay, New Raipur, Distt. Raipur (C.G.) 2 - The Collector, Mungeli Distt. Mungeli (C.G.) 3 - The Sub Divisional Officer, (Revenue) Lormi, Distt. Mungeli (C.G.) 4 - The Tahsildar, Lormi Distt. Mungeli (C.G.) 5 - The Divisional Forest Officer, Mungeli Distt. Mungeli (C.G.) 6 - The Deputy Divisional Forest Officer Sub Division Lormi, Distt. Mungeli (C.G.)
--- Respondent(s) (Cause Title is taken from CIS System)
2 For Petitioner : Mr. Manoj Kumar Sinha, Advocate For State : Mr. Santosh Bharat, Panel Lawyer
Hon’ble Mr. Justice Amitendra Kishore Prasad
Order on Board 11/04/2025
1. By way of this petition, the petitioners have prayed for following reliefs:-
“10.1 That the Hon'ble Court be pleased to call for the entire records in connection of the petitioner's cases. 10.2 That Hon'ble Court be further pleased to direct the Respondent authority to grant lease of land bearing Khasra No.15/1, Rakba 2.50 acres each of the petitioner and other Khasra No. 8/1 situated in the village Paraswara for agriculture purpose to the petitioners as per law within stipulated period. 10.3 That Hon'ble Court be further pleased to direct the respondent authorities to consider and decide the application dated (Ann.P/6) submitted by the petitioners for grant of lease of the land mentioned in Ann.P/2 as per law within stipulated period. 10.4 Any other order that the Hon'ble Court deems fit and necessary in the circumstances of the case be also passed. 10.5 That the cost of the petition be also awarded to the petitioners.”
2. The petitioners have jointly moved an application for grant of patta bearing Khasra No. 15/1 and according to the petitioners the similarly situated persons have already been granted patta vide Annexure P/4 by the respondent authorities as such the petitioners are also entitled and they are seeking indulgence of
3 this Court while directing the respondent authorities to consider the case of all the petitioners and to pass appropriate orders in respect of grant of patta. He further submits that the application was filed by the petitioners on 17.03.2025 on the basis of recommendation made by the Co-operative Extension Officer, Lormi, District- Mungeli, Chhattisgarh on 27.12.2024, as such the petitioners are seeking a direction that the concerned authorities may be directed to verify the entitlement of the petitioners and to pass appropriate orders in respect of grant of patta. 3. On the other hand, learned counsel for the State submits that recommendation was made on 27.12.2024, however, Co- operative Extension Officer, Lormi, District- Mungeli, Chhattisgarh is having no authority to recommend the same. The Sub Divisional Officer (Revenue), Lormi, District-Mungeli has passed report dated 06.01.2025 by which the petitioners were directed to file individual application for grant of Van Adhikar Patta before the concerned Van Adhikar Samiti and the same shall be decided in accordance with law. 4. The petitioners have filed an application before the Collector instead of filing application before the concerned Van Adhikar Samiti of the village.
The petitioners have filed an application before the Collector on 17.03.2025 as such the petitioners are required to file an individual application for grant of patta before the concerned Van Adhikar Samiti of the said village. 5. I have heard learned counsel for the parties and perused the materiel available on record. 4
6. It is true that a recommendation has been made by the Co- operative Extension Officer, Lormi, District- Mungeli, Chhattisgarh, however, according to the rules of granting patta, the specified officer would be the Tahsildar, the Sub Divisional Officer (Revenue) as well as the Collector for grant of any patta. 7. In the present case, the power is vested with the Van Adhikar Samiti of the concerned village under the rules of the State Government as such the petitioners are required to file individual application before the concerned Van Adhikar Samiti of the said village which the petitioners have not deed. 8. Looking to the facts and circumstances of the case, and looking to the interest of justice this petition is disposed of with the direction to the petitioners to file individual application in respect of grant of patta before the concerned Van Adhikar Samiti and, in turn, if the said applications are filed, the Van Adhikar Samiti is directed to consider the same and to pass appropriate orders in respect of grant of patta. 9. It is made clear that this Court is not opined anything on merits and the Van Adhikar Samiti as well as the revenue authorities are at liberty to pass appropriate orders in accordance with law. 10. With this observation and direction, the writ petition stands
disposed of. Sd/- (Amitendra Kishore Prasad) Shayna Judge Digitally signed by SHAYNA KADRI