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2025 DAILYLAW 23660 (CHH)

RAVISHANKAR BRAMHBHATT v. CHHATTISGARH HOUSING BOARD

WPC/2709/2025 · 2025-06-11

Shri Arvind Kumar Verma

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Judgment text

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1 ` 2025:CGHC:23348 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2709 of 2025 Ravishankar Bramhbhatt S/o Late Pardeshi Ram Bramhbhatt@ Chhotelal Bramhbhatt Aged About 55 Years R/o - Ward No,2 Rajiv Nagar , Durg Dist- Durg ( C.G.) ... Petitioner versus 1 - Chhattisgarh Housing Board Paryawas Bhavan Sector -19 North Block Nava Raipur, Atal Nagar, District Raipur – 492002 2 - Madhya Pradesh Housing Board Circle Jabalpur Through Dy Housing Commissioner Civil Competent Authrity Circle Jabalpur Block A Dhanwantari Nagar, Bedaghat Road Jabalpur (M.P) 3 - Ajay Bramhbhatt S/o Late Shri Chandulal Brambhatt Aged About 57 Years R/o Brahman Para, Durg, District -Durg (C.G.) 4 - Arun Bramhbhatt S/o Late Shri Chandulal Bramhbhatt Aged About 52 Years R/o Panchsheel Nagar, Durg,district - Durg (C.G.) 5 - Sanjay Bramhbhatt S/o Late Shri Chandulal Bramhbhatt, Aged About 64 Years R/o Ward No.32 Dhimar Para, Durg, District - Durg (C.G.) 6 - Birchand Jain S/o Mr. Chaandmal Jain Aged About 75 Years R/o Gujra, Tah, - Patan Distt- Durg (C.G.). ---- Respondents For Petitioner : Mr. Niraj Baghel, Advocate For Respondent : Ms. Purnima Singh, Advocate Hon'ble Shri Justice Arvind Kumar Verma Order on Board 12/06/2025 2 1. The present writ petition has been filed by the petitioner with the following relief(s) : “(10.1).That, this Hon’ble Court may kindly be pleased to call for the entire records pertinent to the case of the petitioner for its kind perusal; (10.2). That, this Hon’ble Court may kindly be pleased to pass any writ/writs, order/orders or direction/directions to set aside or quash the impugned land allotment lease deed dated 17.05.1990 (Annexure P-1). (10.3). That, this Hon’ble Court may kindly be pleased to order the concerned authority to leased out the said land plot No.M-735 in favour of the petitioner. (10.4). Any other relief order of direction which may deem fit and just in the facts and circumstances of the case including the cost of the petition.” 2. Learned counsel for the petitioner contended that the impugned the lease deed dated 17.05.1990 is arbitrary and in violation of principle of natural justice. It was executed with the collusion of Chandulal Bramhbhatt and M.P. Housing Board, Durg. Due verification was not done by M.P. Housing Board, Durg and the land of journalist quota was arbitrarily allotted to Chandulal Bramhbhatt. Although he was neither a journalist nor editor/publisher of any newspaper. Thus, it causes 3 prejudice to petitioner and his entire family because the land which would have been allotted to father of the petitioner was leased out to Chandulal Bramhbhatt. He further contended that the fraud has been committed by Chandulal Bramhbhatt by becoming editor and publisher of Jwalamukhi Hindi Weekly newspaper, Durg. Although he was just a worker there. His claim to be editor and publisher of Jwalamukhi Hindi Weekly newspaper, Durg is evident from the application for land allotment filed by him (Annexure-P/10). Chandulal Bramhbhatt was not entitled or eligible for the allotment of said land because the 15 pieces of land in Padmanabhpur Colony was allotted from the journalist quota and names of 15 journalists were sanctioned as per list (ANNEXURE-P/7). The said land was consolidated and reserved for the journalist quota by M.P. State Govt. and was further allotted by M.P. Housing Board Durg. The petitioner is entitled for the said land because his father was editor and publisher of Jwalamukhi Hindi Weekly newspaper, Durg which was founded and established by grandfather of petitioner. The petitioner is ready to pay necessary fee as required by the M.P. Housing Board, Durg (presently, C.G. Housing Board, Durg) for the land allotment. 3. Learned counsel for the respondent opposed the submission made by learned counsel for the petitioner. 4. I have heard learned counsel for the parties and perused the record with utmost circumspection. 4 5. Taking into consideration the fact that the relief which has been sought by the petitioner cannot be granted in exercise of writ jurisdiction and the petitioner has no locus to set aside or quash the impugned land allotment lease deed dated 17.05.1990 (Annexure P-1), in view of the considered opinion of this Court, no case is made out for any interference. 6. Accordingly, the petition being devoid of any merit is liable to be and is hereby dismissed. Sd/- (Arvind Kumar Verma) Judge Vasant