1 2025:CGHC:22227 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2644 of 2025 1 - Chandresh Kumar Verma S/o Shri Chetan Lal Verma Aged About 45 Years R/o Village Barbaspur, Post Uparwah, P.S. Ghumka, District - Rajnandgaon Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mahanadi Bhawan, Atal Nagar, Naya Mantralaya, Raipur, District - Raipur Chhattisgarh 2 - The Collector Rajnandgaon, District Rajnandgaon Chhattisgarh 3 - The Sub-Divisional Officer (Rev) Rajnandgaon, District Rajnandgaon Chhattisgarh 4 - The Naib Tehsildar Up Tehsil - Ghumka, District Rajnandgaon Chhattisgarh 5 - The Sarpanch/ Secretary Of Gram Panchayat Barbaspur Up-Tehsil Ghumka, District Rajnandgaon Chhattisgarh ... Respondent(s) For Petitioner(s) : Ms. Smriti Ekka, Advocate For Respondent(s) : Mr. Rahul Tamaskar, G. A. (Hon’ble Shri Justice Sachin Singh Rajput) Order on Board 20/05/2025 1. On a mention being made in the first half, the writ petition is taken up for hearing in the second half. 2. The petitioner has filed this writ petition seeking following relief:- 2 10.1 to quash the impugned notice dated 19.05.2025 issued by the respondent No.5/ Sarpanch/ Secretary (Annexure P/1). 10.2 to direct the respondent authorities to decide the application dated 23.04.2025 (Annexure P-4) made by the petitioner for grant of patta within 30 days. 10.3 Any other relief deemed fit in the facts and circumstances of the case, in the interest of justice. 3. Fact of the case in nutshell is that the petitioner is residing on the Government land bearing khasra no. 708 situated at Village Barbaspur, Gram Panchayat- Basbaspur, District- Rajnandgaon (C.G.). The Petitioner and his ancestors have been in peaceful possession of the said Government land for more than 40-50 years without any complaint. The Respondent authorities had initiated proceedings regarding grant of patta to the Petitioners and other similarly placed persons. Respondent No. 4 had issued a letter to the Respondent No. 5 to prepare list of beneficiaries, layout, map etc for grant of patta vide letter dated 14.07.2023. The respondent authorities, including the Respondent No. 5 were a part of the proceedings related to grant of patta over the government land in question. The said proceeding is still pending. Despite the same, on 22.03.2025 the Respondent No. 5 had issued a notice for removal of the Petitioner from the land in question. In an earlier round of litigation, the said notice dated 22.03.2025 was challenged by the present petitioner along with another person in W.P. (C) No. 1839 of 2025 wherein this Hon'ble Court vide order dated 16.04.2025, was pleased to grant liberty to the present petitioner to make an application before the respondent authorities for grant of patta over the said government land, and this Hon'ble court was further pleased to direct the respondent authorities not to remove the petitioner from the said Government land till a decision on the representation of the petition is taken. In pursuance of order dated 16.04.2025, the petitioner made an application before respondent No.2/ Collector on 23.04.2025 and this application of the petitioner has not been decided till date. 4. Learned counsel for the petitioner submits that the petitioner is in peaceful possession of the suit property comprised in Khasra No.708 situated at village Barbaspur, District Rajnandgaon (CG) for more than 40-50 years. She further 3 submits that earlier a notice dated 22.03.2025 was issued by the Gram Panchayat Ghumka, District Rajnandgaon (CG) which was subject to challenge before this Court in WPC No.1839 of 2025, this Court vide its order dated 16.04.2025 disposed of that writ petition and passed the following order:- “7.Considering the overall facts and circumstances of the case as well as considering the submissions advanced by learned counsel for the parties, the petitioners are directed to file appropriate application for grant of patta/lease in the land in question within a period of 15 days from today and if the petitioners are found that they are the landers of the land in question, the authorities shall pass appropriate order and if the petitioner are found that they are landless persons, the authorities are directed to consider their application for grant of lease/patta in accordance with law within a period of 60 days. 8. 8. Till the decision on the application preferred by the petitioners for grant of lease/patta, the concerned Collector, Sub Divisional Officer (Revenue) as well as Naib Tahsildar, Rajnandgaon are directed to see that the concerned Gram Panchayat may not remove the petitioners for the land in question.” 5. She submits that though the notice in fact was issued by the Gram Panchayat Barbaspur District Rajnandgaon (CG) but in the previous round of litigation, the Sarpanch / Secretary of Gram Panchayat Ghumka, District Rajnandgaon (CG) was arrayed as respondent. In compliance of said order, the petitioner made an application before the District Collector, Rajnandgaon for grant of Patta on the subject land. According to Ms. Ekka, the proceeding for grant of Patta on the subject land is still pending consideration before the Collector, Rajnandgaon. She further submits that despite the interim order passed in favour of the petitioner in the previous writ petition, again a notice Annexure P-1 was issued by the respondent No.5 on 19.05.2025 directing the petitioner to remove the construction of the petitioner. She further submits that the petitioner was granted time only till 22.05.2025 to vacate the subject land, therefore, she submits that the impugned notice may be set aside. 4 6. On instruction Mr. Tamaskar submits that in the previous writ petition the petitioner was protected with regard to the possession. Inadvertently the notice was issued and the respondent/ State shall not act upon such notice till the decision on the application for grant of Patta is taken by the Collector, Rajnandgaon. 7. At this stage, Ms. Ekka submits that the Collector, Rajnandgaon may be directed to take decision on the application for grant of patta submitted by the petitioner expeditiously. 8. In view of above, this writ petition is disposed of and it is observed that till the decision on the application of the petitioner for grant of patta on the suit property is taken by the Collector, Rajnangaon, the petitioner shall not be evicted from his possession over the subject property i.e. Khasra No. 708 situated at village Barbaspur District Rajnandgaon (CG). It is also expected that the Collector, Rajnandgaon shall take decision on the application made by the petitioner expeditiously within a reasonable period of 6 months. 9. It is expected that the State shall communicate this order to the concerned authorities. Sd/- (Sachin Singh Rajput) JUDGE Parul PARUL MITTAL Digitally signed by PARUL MITTAL Date: 2025.05.21 13:26:04 +0530