-1- 2025:CGHC:5552 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1976 of 2019 1 - Manharan Yadav S/o Sadhuram Aged About 63 Years R/o Village Paraghat, Tahsil Masturi, District Bilaspur Chhattisgarh.. 2 - Smt. Bhagwantin Kewat W/o Goverdhan Aged About 65 Years R/o Village Paraghat, Tahsil Masturi, District Bilaspur Chhattisgarh. - Balaram Mahra S/o Manbhulwa Aged About 55 Years R/o Village Paraghat, Tahsil Masturi, District Bilaspur Chhattisgarh. 4 - Chhahoran Yadav S/o Surujbali, Aged About 54 Years R/o Village Paraghat, Tahsil Masturi, District Bilaspur Chhattisgarh. 5 - Ramayan Sahu S/o Dashrath Sahu, Aged About 63 Years R/o Village Paraghat, Tahsil Masturi, District Bilaspur Chhattisgarh. 6 - Smt. Shitla Yadav W/o Beknu Aged About 64 Years R/o Village Paraghat, Tahsil Masturi, District Bilaspur Chhattisgarh. 7 - Itwari Gond S/o Gyan Singh, Aged About 62 Years R/o Village Paraghat, Tahsil Masturi, District Bilaspur Chhattisgarh. 8 - Bahoran Markam S/o Tijram Aged About 55 Years R/o Village Paraghat, Tahsil Masturi, District Bilaspur Chhattisgarh. 9 - Sunil Kumar Kurre S/o Girdhan Aged About 43 Years R/o Village Paraghat, Tahsil Masturi, District Bilaspur Chhattisgarh. Digitally signed by NADIM MOHLE -2- 10 - Chhahoran Mehar S/o Manbhulwa Aged About 52 Years R/o Village Paraghat, Tahsil Masturi, District Bilaspur Chhattisgarh. 11 - Mewalal Mahra S/o Daduram Aged About 48 Years R/o Village Paraghat, Tahsil Masturi, District Bilaspur Chhattisgarh. 12 - Rajendra Kumar Banjare S/o Sukrit Aged About 32 Years R/o Village Paraghat, Tahsil Masturi, District Bilaspur Chhattisgarh. 13 - Gendram Markam S/o Natthu Aged About 33 Years R/o Village Paraghat, Tahsil Masturi, District Bilaspur Chhattisgarh. 14 - Bhagwat Mahra S/o Manbhulwa Aged About 56 Years R/o Village Paraghat, Tahsil Masturi, District Bilaspur Chhattisgarh.. 15 - Ramesh Sahu S/o Ram Khilawan, Aged About 55 Years R/o Village Paraghat, Tahsil Masturi, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 16 - Harish Chandra Yadav S/o Sadhuram Aged About 45 Years R/o Village Paraghat, Tahsil Masturi, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 17 - Dilharan Yadav S/o Vijay Kumar Aged About 45 Years R/o Village Paraghat, Tahsil Masturi, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 18 - Chaitram Gond S/o Gyan Singh Aged About 68 Years R/o Village Paraghat, Tahsil Masturi, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Revenue Department, Mantralaya, Mahanadi Bhavan, Naya Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - The Tahsildar, Masturi, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh. ... Respondent(s) For Petitioners : Mr. Somnath Verma, Advocate For State : Mr. Shubham Bajpai, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board -3- 30.01.2025 1) The petitioners have filed this petition seeking the following relief(s):- “10.1. That, the Hon’ble Court may kindly be pleased to issue appropriate writ, order, direction and direct the respondent authorities writ, order, direction and direct the respondent authorities (Tehsildar) to register the case and inquire according to the Act and Rule and pass order on applications. 10.2. That, the Hon’ble Court may further be pleased to pass any order, direction issuance of bhoomiswami right. 10.3. That, the Hon’ble Court may kindly be pleased to grant any other relief as it may deem fit and appropriate.” 2) Learned counsel appearing for the petitioners would submit that the petitioners are in possession over the unoccupied land of village Paraghat, Tehsil Masturi since 1984. He would further contend that the petitioners moved application for grant of lease/bhoomiswami right according to the Chhattisgarh Krishi Prayojan Ke Liye Upayog Ki Ja Rahi Dakhal Rahit Bhoomi Par Bhoomiswami Adhikaron ka Pradan Kiya Jana (Vishesh Upabandh) Adhiniyam, 1984 on 15.10.2018 before the Tehsildar/respondent No.2, but till date the same has not been considered and decided by the said authority; thus, he would pray for a direction to the respondent No.2 to decide the pending representation/application of the petitioners or they may be permitted to make a fresh representation/application before the the said authority. 3) On the other hand, learned State counsel would oppose the submission made by Mr. Verma and submit that the petitioners have no right over the subject land. -4- He would further submit that, if any, application/representation, is pending before the respondent No.2, the same would be decided strictly in accordance with law. 4) Taking into consideration the submission made by counsel for the petitioners, the petition, at this juncture, is disposed of with a direction to the respondent No.2 to decide the pending representation/application of the petitioners preferably within a period of 120 days from the date of receipt of copy of this order. The petitioners would be at liberty to make a fresh representation/application along with copy of this order before the respondent No.2. 5) With the aforesaid observation(s) and direction(s), the instant writ petition is hereby disposed of. Sd/- (Rakesh Mohan Pandey) Judge Nadim