Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:24246
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2914 of 2025 1 - Tihari Ram S/o Shri Sukhau Ram Aged About 56 Years R/o Village- Paraswara, Tah. Lormi, Distt. Mungeli, Civil And Revenue Distt. Mungeli (C.G.) 2 - Surit S/o Shri Shobha Ram Aged About 47 Years R/o Village - Paraswara, Tah. Lormi, Distt. Mungeli (C.G.) 3 - Jaymat Bai W/o Shri Lamu Baiga Aged About 48 Years R/o Village - Paraswara, Tah. Lormi, Distt. Mungeli (C.G.) 4 - Meena Bai W/o Shri Dev Singh Aged About 58 Years R/o Village - Paraswara, Tah. Lormi, Distt. Mungeli (C.G.) 5 - Krishna Bai W/o Shri Parasram Aged About 48 Years R/o Village - Paraswara, Tah. Lormi, Distt. Mungeli (C.G.) 6 - Rekhram S/o Shri Janaku Ram Aged About 40 Years R/o Village - Paraswara, Tah. Lormi, Distt. Mungeli (C.G.) 7 - Shivshankar S/o Shri Janaku Aged About 47 Years R/o Village - Paraswara, Tah. Lormi, Distt. Mungeli (C.G.) 8 - Saroj Bai W/o Shri Baishakhu Aged About 42 Years R/o Village - Paraswara,
Tah.
Lormi,
Distt.
Mungeli
(C.G.) 9 - Rewati Bai W/o Shri Gayaram Aged About 48 Years R/o Village - Paraswara, Tah. Lormi, Distt. Mungeli (C.G.) 10 - Satiram W/o Shri Jhamu Aged About 29 Years R/o Village - Paraswara, Tah. Lormi, Distt. Mungeli (C.G.)
... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Revenue Department, Mahanadi Bhavan, Mantralay, New Raipur Distt. Raipur (C.G.) 2 - The Collector Mungeli, Distt. Mungeli (C.G.)
2 3 - The Sub Divisional Officer (Revenue) Lormi, Distt. Mungeli (C.G.). 4 - The Tahsildar Lormi, Distt. Mungeli (C.G.) 5 - The Divisional Foresh Officer Mungeli, Distt. Mungeli (C.G.) 6 - The Deputy Divisional Foresh Officer Sub Division Lormi, Distt. Mungeli (C.G.) 7 - Van Adhikar Samiti Of Village Paraswara Through Secretary, Gram Panchayat- Paraswara Tah. Lormi, Distt. Mungeli (C.G.) 8 - The Co-Operative Extension Officer Lormi, Tah. Lormi, Distt. Mungeli (C.G.) ----Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Manoj Kumar Sinha, Advocate For Respondent-State
: Mr. Praveen Das, Dy. A.G. Hon’ble Shri
Arvind Kumar Verma
Order on Board 16/06/2025
1. By way of this petition, the petitioners have prayed for following relief(s):- (i)That, this Hon’ble Court may kindly be pleased to allow the present writ petition preferred by the petitioner and call for the records pertaining to the present case. (ii) That this Hon’ble Court be further pleased to direct the Respondent authority to grant lease of land bearing Khasra No. 15/1, Rakba 2.50 acres each of the petitioner and other Khasra No. 8/1 situated in the village Paraswara for agriculture purpose to the petitioners as per law within stipulated period. (iii) That this Hon’ble Court be further pleased to decide the respondent authorities to consider and decide the application dated (Ann. P/6) submitted by the petitioners for grant of lease of the land mentioned in Ann. P/2 as per law within stipulated period. (iv) Any other relief which may be suitable in the facts and circumstances of the case, may also be granted.
2.
Learned counsel for the petitioner submits that the petitioners have
3 jointly moved an application for grant of patta bearing Khasra No. 15/1 and according to the petitioners the similarly situated persons have already been granted patta vide Annexure P/4 by the respondent authorities as such the petitioners are also entitled and they are seeking indulgence of this Court while directing the respondent authorities to consider the case of all the petitioners and to pass appropriate orders in respect of grant of patta. He further submits that the application was filed by the petitioners on 17.03.2025 on the basis of recommendation made by the Co- operative Extension Officer, Lormi, District- Mungeli, Chhattisgarh on 27.12.2024, as such the petitioners are seeking a direction that the concerned authorities may be directed to verify the entitlement of the petitioners and to pass appropriate orders in respect of grant of patta. 3. On the other hand, learned counsel for the State submits that recommendation was made on 27.12.2024, however, Co-operative Extension Officer, Lormi, District- Mungeli, Chhattisgarh is having no authority to recommend the same. The Sub Divisional Officer (Revenue), Lormi, District-Mungeli has passed report dated 06.01.2025 by which the petitioners were directed to file individual application for grant of Van Adhikar Patta before the concerned Van Adhikar Samiti and the same shall be decided in accordance with law. 4. The petitioners have filed an application before the Collector instead of filing application before the concerned Van Adhikar Samiti of the village. The petitioners have filed an application before the Collector on 17.03.2025 as such the petitioners are required to file an individual application for grant of patta before the concerned Van Adhikar Samiti of the said village. 5. I have heard learned counsel for the parties and perused the materiel available on record. 6. It is true that a recommendation has been made by the Co- operative Extension Officer, Lormi, District- Mungeli, Chhattisgarh, however, according to the rules of granting patta, the specified officer would be the Tahsildar, the Sub Divisional Officer (Revenue)
4 as well as the Collector for grant of any patta. 7.
In the present case, the power is vested with the Van Adhikar Samiti of the concerned village under the rules of the State Government as such the petitioners are required to file individual application before the concerned Van Adhikar Samiti of the said village which the petitioners have not deed. 8. Looking to the facts and circumstances of the case, and looking to the interest of justice this petition is disposed of with the direction to the petitioners to file individual application in respect of grant of patta before the concerned Van Adhikar Samiti and, in turn, if the said applications are filed, the Van Adhikar Samiti is directed to consider the same and to pass appropriate orders in respect of grant of patta. 9. It is made clear that this Court is not opined anything on merits and the Van Adhikar Samiti as well as the revenue authorities are at liberty to pass appropriate orders in accordance with law. 10. With this observation and direction, the writ petition stands
disposed of. Sd/-
(Arvind Kumar Verma) Judge Jyoti