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2025 DAILYLAW 25652 (CHH)

SMT. SHANTA TIWARI v. STATE OF CHHATTISGARH

WPC/3209/2025 · 2025-06-25

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:27964 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3209 of 2025 1 - Smt. Shanta Tiwari W/o Late Shri Shiv Kumar Tiwari Aged About 72 Years R/o Sadakpara, Ward 16, Siladehi, District- Janjgir- Champa (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Land And Revenue Department, Mahanadi Bhawan, Mantralaya, Naya Raipur, Raipur (C.G.) 2 - The Collector Janjgir- Champa (C.G.) 3 - Sub-Divisional Officer (Revenue) Janjgir- Champa (C.G.) 4 - Tehsildar Janjgir- Champa (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Aditya Tiwari, Advocate For Respondent(s) : Mr. Saumitra Kesharwani, Panel Lawyer Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 26/06/2025 1. With the consent of the parties, the present matter is heard finally. 2. The petitioner has filed the present petition praying for the following relief(s): “10.1 To Kindly call for the records of the case 2 from the respondents. 10.2 To kindly direct the respondents to grant the presentation of the land bearing Khasra No.. 794/6, Rakba 0.09 hectare Village- Siladehi, District- Janjgir-Champa (C.G.) to the petitioner and thereby vacate the unauthorized occupants. 10.3 To kindly direct the respondents to decide the case of the petitioner and grant the rightful possession to the petitioner. 10.4 To kindly direct the respondents to consider the case of the petitioner and decide the representation of the petitioner within 15 days. 10.5 Any other order that may be deemed fit and just may also kindly be made including cost of the petition.” 3. Brief facts of the case is that petitioner is the owner of the land bearing Khasra No. 794/6, Rakba 0.09 hectare, Village Siladehi, District- Janjgir- Champa (C.G.). Petitioner is the widow and was residing in Bilaspur for treatment of her husband. The husband of the petitioner died due to illness. Thereafter petitioner returned to her home in Village- Siladehi, District- Janjgir-Champa (C.G.) and found out that one Teras Bai Satnami has occupied the home of the petitioner. The petitioner has filed application before respondent no. 4 for demarcation of the land of the petitioner so that actual position could be clarified. The respondents prepared demarcation report on 22.03.2025. 3 4. Learned counsel for the petitioner submits that the petitioner is the rightful owner of the said land and has all right reserved over the property. The demarcation report clearly shows that the petitioner is the rightful owner of the said property and the same has been forcefully acquired by the unknown person. 5. Learned State Counsel submits that the dispute is between the petitioner and private respondent and there is no need of interference by the State. 6. I have heard learned counsel for the respective parties and perused the record with utmost circumspection. 7. Perusal of record shows that the matter in present petition is a civil dispute and State has no role to play at this stage. The matter shall be adjudicated by the concerned Civil authorities. 8. Therefore, the present petition is dismissed with liberty to the petitioner to file an appropriate petition before appropriate forum, if so desire. Sd/- (Arvind Kumar Verma) JUDGE Madhurima