Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:12019
NAFR HIGH COURT of CHHATTISGARH AT BILASPUR WPC No. 2273 of 2019 1 - Smt. Rama Pandey W/o Late Shrilal Pandey Aged About 64 Years, 2 - Smt. Munni Yadav W/o Late Devilal Yadav Aged About 54 Years, 3 - Smt. Janki Yadav W/o Late Radhe Lal Yadav Aged About 50 Years, 4 - Naveen Singh S/o Gajadhar Singh Aged About 43 Years, All are R/o Beside Government Multipurpose Higher Secondary School, Krishna Gaushalaya, Dayalband Bilaspur Police Station City Kotwali, Tahsil And District Bilaspur Chhattisgarh.
... Petitioner(s) versus 1- State of Chhattisgarh, Through The Secretary, Department of Urban Administration and Development, Mantralaya, Mahanandi Bhawan, Naya Raipur, District Raipur Chhattisgarh. 2- Collector Bilaspur District Bilaspur, District : Bilaspur, Chhattisgarh. 3 - Superintendent of Police Bilaspur District Bilaspur, District : Bilaspur, Chhattisgarh. 4 - Krishna Gosalaya Trust Through Secretary Dayalband, Bilaspur Tahsil and District Bilaspur, District : Bilaspur, Chhattisgarh.
... Respondent(s) (Cause Title is taken from Case Information System) Digitally signed by NADIM MOHLE
-2- For Petitioners : Mr. K. P. S. Gandhi, Advocate For State : Mr. Pramod Shrivastava, Deputy Government Advocate For Respondent No.4 : None though served. Hon'ble Shri Justice Rakesh Mohan Pandey
Order on Board 11.03.2025 1) The petitioners have filed this petition seeking the following relief(s):-
“10.1 That, this Hon'ble Court may kindly be pleased to issue a writ of prohibition or any other appropriated writ directing the respondents to not to demolish the house of the petitioner and not to evict the petitioners from their land in possession. 10.2 That, This Hon'ble Court may kindly be pleased to pass an order directing the respondent to regularize the holding of land possession by way of grant of patta under different scheme of the Government. 10.3 That, this Hon'ble Court may kindly be pleased to pass a writ of mandamus directing the respondent to provide the petitioners a just and proper rehabilitation to a suitable place of residence near Shri Krishna Goushalaya Trust, Dayalbandh, Bilaspur. 10.4 Any other relief which may be suitable in the facts and circumstances of the case, may also be granted. 10.5 Any other relief as deemed fit by this Hon'ble Court.”
-3- 2) The learned counsel appearing for the petitioners would submit that the petitioners who reside besides Government Multipurpose Government Higher Secondary School, Shri Krishna Goushalaya Trust, Dayalbandh, have constructed house(s) since 15-16 years. He would contend that houses of the petitioners were constructed under the Pradhan Mantri Awas Yojna. He would further contend that a decision has been taken by the State to shift the petitioners somewhere else and to demolish the construction raised by them. He would also contend that the decision was taken by the respondent authorities without affording any opportunity of hearing, therefore, he would pray that the petitioners may be permitted to make representations before the respondent No.2 and in turn, the authority concerned may be directed to consider and decide their representations in objective manner after providing due opportunity of hearing. 3) On the other hand, Mr. Pramod Shrivastava, learned Dy. G. A. would oppose the submission made by Mr. Gandhi and submit that the petitioners have no right to retain the possession over the subject land. He would submit that if the petitioners make representations before respondent No.2, same would be decided in accordance with law. 4) Taking into consideration the submission made by Mr.
Gandhi, the present writ petition is disposed of at admission stage reserving liberty in favour of the petitioners to make representation(s) before respondent No.2 and in turn, the respondent No.2 is directed to decide the representation(s) so made, in objective manner, preferably within a period of 120 days from the date of receipt
-4- of copy of this order. 5) With the aforesaid observation and direction, this writ petition is hereby
disposed of. Sd/- (Rakesh Mohan Pandey) Judge Nadim