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2025 DAILYLAW 22368 (CHH)

SURATLAL PRADHAN v. State of Chhattisgarh

WPC/1909/2020 · 2025-07-13

Shri Rakesh Mohan Pandey

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Judgment text

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1 2025:CGHC:32555 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1909 of 2020 1 - Suratlal Pradhan S/o Rushi Pradhan Aged About 73 Years R/o Indira Colony Tarbahar Thana Tarbahar Bilaspur, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary Housing And Environment Department Mantralaya Naya Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Commissioner Chhattisgarh Housing Board Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3 - Assistant Inspector General / Welfare For Director General Of Police Chhattisgarh. Police Head Quarter Chhattisgarh Naya Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 4 - Chief Estate Officer Chhattisgarh Housing Board, Headoffice Paryawaran Bhawan Naya Raipur District Naya Raipur Chhattisgarh., District : Raipur, Chhattisgarh 5 - Estate Officer Chhattisgarh Housing Board Sampada Prabandhan Prachetra Bilaspur District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 6 - Deputy Commissioner Chhattisgarh Housing Board, Bilaspur District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Respondents For Petitioner : Mr. Abdul Moin Khan, Advocate holding the brief of Mr. Abdul Wahab Khan, Adv. For respective Respondents : Mr. Dashrath Prajapati, Panel Lawyer and Mr. Animesh Pathak, Advocate holding the brief of Mr. Amrito Das, Advocate -2- Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 14.07.2025 1. The petitioner has filed this petition seeking the following relief(s):- “10.1 यह कि उत्तरवा दीगण किदीशित किय जा वा कि वा य शि 50 प्रकितत रिरय यत पर छ.ग. गह किर्मा ण र्माण्डल द्वा र आवा स दी बा बात% प्रस्त'त आवादीपत्र परिरशिष्ट प* 04 कियर्मा 'स र किर रण र+। 10.2 यह कि उत्तरवा दीगण यह भी* किदीशित किय जा वा कि वा क्सल* हर्माल र्मा+ ह*दी किपत य शि 50 प्रकितत रिरय यत पर छ.ग. गह किर्मा ण र्माण्डल द्वा र कियर्मा 'स र आवा स *घ्र उपलब्ध र त्वारिरत यवा ह* र+। 10.3 यह कि, अन्य अ'तष जा र्मा *य न्य य लय उशित सर्माझे उत्तरवा दीगण6 स य शि त दिदील य जा वा+।" 2. Mr. Khan, the learned counsel appearing for the petitioner would submit that the petitioner is the father of a martyr, namely the late Ashwani, who lost his life in a naxal attack. He would further submit that a circular was issued by the Assistant Inspector General of Police (Welfare) dated 16.02.2016 and according to the said circular, the petitioner is entitled to get a 50% discount in the purchase of a house constructed by the Chhattisgarh Housing Board. He would also submit that the petitioner has made a representation before respondent No.5 on 06.05.2020 but till date, the same has not been considered and decided according to the circular issued by the State Government dated 11.08.2009. He would pray for a direction to the respondents to decide his pending representation. 3. On the other hand, learned counsels appearing for the respondents would oppose the submissions made by Mr. Khan. They would submit that there is no provision to grant a 50% 3 discount to the family members of the martyr in the purchase of the house constructed by the Housing Board. They would further submit that according to the Circular dated 11.08.2009 issued by the State of Chhattisgarh, the dependents of a martyr, who lost their life in a naxal attack, would be entitled to the following discount while purchasing a house constructed by the Chhattisgarh Housing Board : (i) Class-I officer upto Rs.6 lacs, (ii) Class - II officer upto Rs.4 lacs and (iii) Class-III and IV employees upto Rs. 2 lacs. They would lastly submit that the petition filed by the petitioner is misconceived and deserves to be dismissed. 4. I have heard learned counsel appearing for the parties and perused the documents placed on the record. 5. As stated by the petitioner in this petition, the petitioner is the father of a martyr, who lost his life in a naxal attack. A letter was addressed by the Assistant Inspector of General (Welfare) to the Commissioner of Chhattisgarh Housing Board, Raipur to grant a 50% discount on the purchase of houses to the dependents of the martyr, who lost their lives in the naxal attack. 6. A circular dated 11.08.2009 issued by the State Government is also referred to in the said letter addressed to the Commissioner. 7. As per the circular dated 11.08.2009, which is annexed as Annexure R/1 in the return, the dependents of Class-I officers would be entitled to get a discount of Rs.6 lacs, Class-II Officer up to Rs.4 lacs and Class-III and IV employees upto Rs. 2 lacs. This scheme was effective from 01.04.2009. -4- 8. As the petitioner has sought a direction to respondent No.5 to decide his pending representation dated 06.05.2020, this petition is disposed of with a direction to respondent No.5 to decide the pending application/representation moved by the petitioner dated 06.05.2020 in light of the circular dated 11.08.2009 expeditiously, preferably within a period of 120 days from the date of receipt of a copy of this order. 9. With the aforesaid observation(s)/direction(s), the present petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge Rekha