1 2025:CGHC:26034 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3000 of 2025 1 - Dr. O.P. Birtharey S/o Late Shri Ghanshyam Das Birtharey Aged About 78 Years R/o Nijanand Nilyam M.I.G.- 1, D/6 Avantika, Abhilasha Parisar Chhattisgarh Housing Board, Near Hightech Bus Stand, Tifra, Tahsil And District Bilaspur, Chhattisgarh. 2 - Dr. Smt. Tanuja Birtharey W/o Shri Rahul Birtharey Aged About 49 Years R/o Nijanand Nilyam M.I.G.- 1, D/6 Avantika, Abhilasha Parisar Chhattisgarh Housing Board, Near Hightech Bus Stand, Tifra, Tahsil And District Bilaspur, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Chief Secretary, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh. 2 - Secretary Paryavarana Evam Awas, Mahanadi Bhawan, Mantralaya, Nava Raipur, Atal Nagar, District Raipur, Chhattisgarh. 3 - Chief Estate Officer Chhattisgarh Housing Board, Paryavas Bhawan, Nava Raipur, District Raipur, Chhattisgarh. 4 - Additional Commissioner Chhattisgarh Housing Board, Bilaspur, Division Chhattisgarh Housing Board Colony, Abhilasha Parisar, Tifra, Bilaspur, Chhattisgarh. 5 - Deputy Commissioner Chhattisgarh Housing Board, Bilaspur, Division Chhattisgarh Housing Board Colony, Abhilasha Parisar, Tifra, Bilaspur, Chhattisgarh. 6 - Executive Engineer Chhattisgarh Housing Board, Bilaspur, Division Chhattisgarh Housing Board Colony, Abhilasha Parisar, Tifra, Bilaspur, Chhattisgarh. 7 - Estate Officer Chhattisgarh Housing Board, Bilaspur, Division Chhattisgarh Housing Board Colony, Abhilasha Parisar, Tifra, Bilaspur, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Rahul Birtharey, Advocate For Respondent(s) : Mr. Satish Gupta, G.A. 2 Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 20/06/2025 1. With the consent of the parties, the present matter is heard finally. 2. The petitioners are not challenging any particular order, however they are aggrieved by the inaction on the part of the respondents in not considering their application for free holding of the land on which their house has been built in accordance with law. 3. Learned counsel for the petitioners submits that the petitioners are lessee of the house MIG-1, D/6, Avantika C.G. Housing Board Colony, Abhilasha Parisar, Tifra, Bilaspur (C.G.). Instead of executing the sale deed of the land allotted to them, lease deed of the allotted land was executed, and no intimation for submitting the application for free holding of the allotted land was given to the petitioners despite the decision of the Government in that regard taken in the year 2012. When the petitioners belatedly came to know about the decision of the government regarding the decision of free holding of the land and house of the C.G. Housing Board, the petitioners moved an application for free holding on 29.08.2024 which is pending for consideration. If the same is not decided timely and expeditiously the petitioners will be forced to bear unnecessary charges in the free holding process for no fault of their own. 4. Learned counsel for the State submits that the grievance of the petitioner is with C.G. Housing Board and the petitioner has unnecessarily made State a party through Chief Secretary. He further opposed the reliefs 3 sought by the petitioner. 5. I have heard learned counsel for the respective parties and perused the record with utmost circumspection. 6. It is pertinent to mention here that C.G. Housing Board has already initiated proceedings against the petitioner which is proved by Annexure P/9 and Annexure P/10. C.G. Housing Board has directed the petitioner to fulfill the requirements of C.G. Housing Board, Bilaspur. 7. Therefore, looking to the limited prayer of the petitioner, the C.G. Housing Board, Bilaspur is directed to decide the application (Annexure P/7 and Annexure P/8) filed by the petitioner, expeditiously as soon as possible, as per law/rules/regulations. 8. Accordingly, the present petition is disposed off. 9. It is made clear that this Court has not made any opinion one way or the other about the petitioner's status, which shall be addressed by the C.G. Housing Board, Bilaspur while allowing or refusing the application by a reasoned order. Sd/- (Arvind Kumar Verma) JUDGE Madhurima