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2025 DAILYLAW 27540 (CHH)

PINTU GUPTA v. STATE OF CHHATTISGARH

WPC/3056/2025 · 2025-06-19

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:26044 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3056 of 2025 1 - Pintu Gupta S/o Rambilas Aged About 46 Years R/o Ward No. 3 Balrampur P.S. And Tahsil Balrampur, District Balrampur Ramanujganj Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Revenue Mahanadi Bhawan, New Raipur, District Raipur Chhattisgarh 2 - The Commissioner Surguja Division District Surguja Chhattisgarh 3 - The Collector Balrampur District Balrampur Ramanujganj Chhattisgarh 4 - Sub Divisional Officer, (Revenue) Balrampur, District Balrampur Ramanujganj Chhattisgarh 5 - Tahsildar Balrampur, District Balrampur Ramanujganj Chhattisgarh 6 - Najul Officer Balrampur, District Balrampur Ramanujganj Chhattisgarh 7 - Chief Municipal Officer Nagarpalika Parishad Balrampur, District Balrampur Ramanujganj Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. A.N. Pandey, Advocate For Respondent(s) : Mr. Akash Gupta, Panel Lawyer 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 present petition is filed by the petitioner praying for the following relief(s): “10.1 That, this Hon’ble Court may kindly be pleased to set aside the order dated 26.05.2025 passed by the respondent no. 2 Commissioner Surguja Division Ambikapur (C.G.) in Revenue Appeal No. 202505960100048/A-20/(1). 10.2 That, this Hon’ble Court may kindly be pleased to allow the stay application filed by the petitioner and restrain the respondent authorities to not dispossess the petitioner from the subject property and maintain status quo upon the subject property till the final decision of the pending appeal before the learned Commissioner. 10.3 That, any other relief or reliefs may also be granted to the petitioner which this Hon’ble Court deems fit and proper in the facts and circumstances of the case.” 3. Learned counsel for the petitioner submits that the petitioner is in possession of the subject land since long period and earlier the said land bearing khasra no. 843/1 was the Gochar land and vide notification dated 14.12.2022, the said land was converted in Najul land which was published in Gazette notification 10.02.2023 issued by the State 3 Government and in pursuance of notification dated 14.12.2022, respondent no. 4 directed to the Tehsildar to correct the subject land in Najul Land in the revenue record and the name of the petitioner is mentioned in the said list after converting of the land as Najul land and the proceeding for grant of patta of the subject property was initiated by the Najul Officer and assist the revenue duty of the subject property but the same was dismissed. He therefore limitedly prayed for a direction to the respondent no. 2/ Commissioner, Surguja to decide the appeal filed by the petitioner expeditiously. 4. Learned State counsel raised no objection in issuing such direction to the respondent no. 2. 5. I have heard learned counsel for the respective parties and perused the record with utmost circumspection. 6. Perusal of record shows that after converting the land of the petitioner as Najul land, proceeding for grant of patta of the subject property was initiated by Najul Officer and assist the revenue duty of the subject property but vide order dated 30.7.2024, the Sub-Divisional Officer (Revenue) Balrampur, rejected the claim of the petitioner for grant of patta on the subject property. After passing of the order of the SDO, learned Tehsildar issued the eviction notice to the petitioner and directed to the petitioner to vacate the subject property within three day on 23.04.2025. Being aggrieved by the order dated 30.07.2024 passed by the SDO (Revenue), petitioner filed an appeal before the Commissioner which is still pending but the learned commissioner rejected the stay application filed by the petitioner. 4 7. Therefore, it is directed that the Respondent no. 2/Commissioner shall decide the appeal pending before it expeditiously as soon as possible according to law, if there is no legal impediment. 8. With the aforesaid direction, the present petition is disposed of. Sd/- (Arvind Kumar Verma) JUDGE Madhurima