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2025 DAILYLAW 20181 (CHH)

RAJU RAM v. STATE OF CHHATTISGARH

WPC/2533/2025 · 2025-06-09

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:22827 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2533 of 2025 1 - Raju Ram S/o Shri Budheram Aged About 30 Years R/o Village- Paraswara, Tah. Lormi, Distt. Mungeli, Civil And Revenue Distt. Mungeli (C.G.) 2 - Manglu S/o Shri Uderam Aged About 25 Years R/o Village- Paraswara, Tah. Lormi, Distt.Mungeli(Cg) 3 - Rajkumar S/o Shri Budheram Aged About 40 Years R/o Village- Paraswara, Tah. Lormi,Distt.Mungeli(Cg) 4 - Ashok S/o Shri Bahadur Aged About 43 Years R/o Village- Paraswara, Tah. Lormi, Distt.Mungeli(Cg) 5 - Fagu S/o Shri Sankar Aged About 35 Years R/o Village- Paraswara, Tah. Lormi, Distt. Mungeli(Cg) 6 - Harichand S/o Shri Brijlal Aged About 50 Years R/o Village- Paraswara, Tah. Lormi, Distt.Mungeli(Cg) 7 - Karan S/o Shri Latel Ram Aged About 25 Years R/o Village- Paraswara, Tah. Lormi, Distt.Mungeli(Cg) 8 - Sandeep S/o Shri Parasram Aged About 30 Years R/o Village- Paraswara, Tah. Lormi, Distt.Mungeli(Cg) 9 - Sandhya Bai Alias Sandhya Yadav W/o Shri Manuram Aged About 65 Years R/o Vil- lage- Paraswara, Tah. Lormi, Distt. Mungeli (Cg) 10 - Deviram S/o Shri Visheshar Aged About 25 Years R/o Village- Paraswara, Tah. Lormi, Distt. Mungeli (Cg) ... Petitioners versus 1 - State Of Chhattisgarh Through Secretary, Revenue Department, Mahanadi Bhavan, Mantralay, New Raipur Distt. Raipur (Cg) 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.) 2 6-The Deputy Divisional Forest Officer Sub Division Lormi, Distt. Mungeli (C.G.) 7-Van Adhikar Samiti Of Village Paraswara Through Secretary Gram Panchayat- Paraswara Tah. Lormi, Distt. Mungeli (C.G.) ... Respondents ------------------------------------------------------------------------------------------------ For Petitioners : Mr. Manoj Kumar Sinha, Advocate For Respondents : Ms. Nupur Trivedi, Panel lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Arvind Kumar Verma, Judge Order on Board 10.06.2025 1. With the consent of the respective parties, the matter is heard finally. 2. The present petition has been filed by the petitioners seeking following reliefs: “(a)That the Hon’ble Court be pleased to call for the entire records in connection of the petitioner’s cases. (b)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 petitioenr and other Khasra No. 8/1 situated in the village Paraswara for agriculture purpose to the petitioners as per law within stipulated period. (c) That Hon’ble Court be further pleased to direct the respondent authorities to consider and decide theapplication submitted by the petitioners for grant of lease of the land mentioned in Annexure P/2 as per law within stipulated period. (d)Any other order that the Hon’ble Court deems fit and necessary in the circumstances of the case be also passed. (e) That the cost of the petition be also awarded to the petitioners. “ 3. The subject matter in brief is such that the petitioners are the 3 resident of village-Paraswara, Tahsil Lormi, District Mungeli Chhattisgarh and are members of the society which the name Samuhik Krishi Sahakari Samiti Maryadit village- Pasaswara which is registered by the Co-operative Registrar bearing registration no. as 2745. There is a govt. land bearing Khasra No. 8/1 Rakba 7.2170 hectare and Khasra No. 15/1 Rakba 118.2510 acres situated in the village. The Khasra No. 15/1 Rakba 118.2510 acres land is recorded as a govt. land. The govt. has allotted the said land to the members of the Society for their respective livelihood. Some members of the society have been granted lease by the respondent authority in the year 2005 while some members have not been granted the lease. 4. Learned counsel for the petitioners submits that the petitioners have submitted an application for grant of land on lease before the respondent authorities on 17.03.2025 mentioning the fact that they too are the members of the same society and are equally liable to receive lease of the said land as the other members are granted. They are poor tribes and are having no land for their livelihood. He also submitted that the Tahsildar Lormi has proceeded to grant govt. land to the members of the society under the provision of Chhattisgarh Land Revenue Code. The revenue case was registered as Revenue Case No. 17A- 19/2004-2005 and the above land has been granted to the society 4 and the other members have been granted the land on lease. 5. He further submitted that the petitioners have submitted application to the Collector Mungeli for grant of land to the members of the society as per the provisions of Chhattisgarh Land Revenue Code and as per the circular of the State govt. the petitioners are poor persons and there are no other land for agriculture purpose. Similarly situated villagers have filed writ petition vide Wpc No. 1784 of 2025 before this Court and the same has been decided on 08.04.2025 and there is a clear direction to the petitioners to file individual application in respect fo grant of Patta. Hence he prays that the instant petition may also be disposed of with the similar terms directing the respondent authorities to consider the case of the petitioners for grant of Patta as per rules. 6. Learned counsel appearing for the State/respondents has no objection. 7. I have heard learned counsel for the respective parties and perused the record with utmost circumspection. 8. It is true 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 5 well as the Collector for grant of any patta. 9. In the present case, the power is vested with the Van Adhikar Samiti of the concerned village under the rules of the State Govt. 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. 10. Looking to the facts and circumstances of the case, and also looking to the fact that a similar matter has been disposed of bearing no. WPC No. 1784 of 2025 vide order dated 08.04.2025 and in the interest of justice this petition is also 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 application are filed, the Van Adhikar Samiti is directed to consider the same and to pass appropriate orders in respect of grant of patta. 11. It is made clear that this Court is no 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. 12. With the aforesaid observation, and direction, the present writ petition stands disposed of. sd/- (Arvind Kumar Verma) alfiza Judge