Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 17992 (CHH)

RAJKUMAR VISHWAKARMA v. STATE OF CHHATTISGARH

WPC/1938/2025 · 2025-04-17

Shri Amitendra Kishore Prasad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:17708 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1938 of 2025 1 - Rajkumar Vishwakarma S/o Bharat Vishwakarma Aged About 68 Years Occupation Cultivator, R/o Village Nawapali Gadhumariya, Tahsil Pussaur, Dist. Raigarh (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue And Disaster Management, Indravati Bhavan, District Raipur (C.G.) 2 - Collector Raigarh, Distt. Raigarh (C.G.) 3 - The Sub Division Officer (Revenue) Gharghoda, Distt. Raigarh (C.G.) 4 - The Tahsildar Tamnar, Distt. Raigarh (C.G.) ... Respondent(s) (Cause Title is taken from CIS System) For Petitioner : Mr. Rajendra Tripathi, Advocate For State : Ms. Upasana Mehta, Panel Lawyer Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 17/04/2025 1. By way of this petition, the petitioner has prayed for following reliefs:- “10.i. That, this Hon'ble Court may kindly be pleased to quash/ set-aside the order dated 21/11/2024 passed by the Office of Collector, Raigarh. 10.ii. That, this Hon'ble Court may kindly be pleased to direct the respondent authority to grant permission to sell his Digitally signed by SHAYNA KADRI 2 land while granting the rights of the land owner and also directed to divide the map and correct the map of said land. 10.iii. Cost of the petition may also be granted to the petitioner. iv. Any other relief, which this Hon'ble Court deems fit and proper, may also kindly be granted to the petitioner, in the interest of justice.” 2. The petitioner is not challenging any specific order, but rather, this writ petition is preferred against the inaction of Respondent No. 2, the Office of Collector, Raigarh, in refusing to grant permission to sell his land. The petitioner seeks to sell his land due to financial necessity arising from his deteriorating health and advanced age, which has rendered him unable to engage in agricultural work, thereby adversely affecting his financial condition. 3. Learned counsel for the petitioner submits that the petitioner urgently needs to sell his land to meet the expenses of his treatment. To this end, he submitted an application on 02.09.2024 seeking permission from the Collector, Raigarh. However, vide letter dated 21.11.2024, the Collector, Raigarh directed the petitioner to provide a copy of the 'missle bandobast' and 'adhikar abhilekh', stating that the application dated 02.09.2024 cannot be decided without these documents. It is the contention of learned counsel for the petitioner that since the land was granted to the petitioner by the State through a patta, the documents required by the Collector, Raigarh are unnecessary. 4. Considering the aforesaid aspect of the matter, respondent No. 2 / 3 Collector, Raigarh is directed to consider the case of petitioner in light of the fact that the petitioner has been granted a patta. The petitioner is also obligated to produce relevant documents evidencing the grant of patta before the Collector. If the petitioner files a separate application along with the relevant documents within 10 days, the Collector shall decide the same within 45 days. 5. With this observation and direction the writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Shayna Judge