Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:29315 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3205 of 2025 1 - Smt. Yashodabai W/o Late Arjundas Aged About 76 Years R/o Sindhi Camp, Tilda Neora Tehsil And District Tilda Neora, District Raipur (C.G.) 2 - Prakash Chand Choithwani S/o Parumal Choithwani Aged About 50 Years R/o Tilda Camp, Tilda, P.S. - Neora, Tehsil Tilda, District Raipur (C.G.)
... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Revenue And Disaster Management, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 2 - The Commissioner Raipur, District Raipur (C.G.) 3 - The Collector Raipur, District Raipur (C.G.) 4 - The Additional Collector Raipur, District Raipur (C.G.) 5 - The Nazule Officer District Raipur, Chhattisgarh 6 - The Sub Divisional Officer (Revenue) Raipur, District Raipur (C.G.) 7 - The Tehsildar Tilda, Neora, District Raipur (C.G.)
... Respondent(s) For Petitioners : Mr. Shotabdi Bagchi, Advocate For State : Mrs. Upasana Mehta, Dy. GA Hon'ble Shri Justice Arvind Kumar Verma
Order on Board 01.07.2025
2 Heard.
1. The present writ petition has been filed by the petitioners with the following relief(s) :
“10.1. To direct the respondent authorities to grant lease deed/patta to the petitioner in respect of P.H.No. 15, Khasra No. 253 admeasuring 1800 sq. feet in light of instructions dated 04.06.2013 of the State Government.
10.2. Any other relief deemed fit in the facts and circumstances of the case, in the interest of justice.”
2. Learned counsel appearing for the petitioners submits that by way of instant petition the petitioners are not challenging any particular order but he is challenging the inaction of the respondent authorities, whereby they have failed to grant lease deed patta Khasra No. 253 admeasuring 800 sq. feet situated at Tilda Neora District Raipur, Chhattisgarh. Respondent no. 2 has recorded a finding that is erroneous and against the principles of natural justice. Thus an order was passed on 22nd December, 2012 directing respondent no. 7/Tehsildar to initiate the proceedings for grant of lease deed/patta. The Respondent no. 2 has also recorded a finding that in the above case of the formalities where completed and only the signature of the Commissioner remained. But the record of the case was lost. Copy of the order of the Commissioner
3 is Annexure P/10. Thereafter the proceedings with respect to patta to the petitioner no. 1 were commenced by Commissioner, Tilda vide
order dated Annexure P/11. But the application in the proceedings is still pending before the Tehsildar since 10 years.
3. Learned counsel for the State fairly admitted that the respondent authorities have not completed the proceedings. She further contended that it may be directed to the Respondent no. 7 to look into the matter and complete the proceeding pending before the concerned authority expeditiously. However, the petitioners shall also be directed to co- operate with the proceedings which will be carried out by the respondent authorities.
4. I have heard learned counsel for the parties and perused the documents with utmost circumspection.
5. Considering facts of the case, submissions of counsel for the respective parties and with the aforesaid discussion, this Court directs the respondent no. 7/Tehsildar to consider and complete the proceedings pending before the concerned respondent authorities as early as possible, preferably within a period of 06(six) months from the date of receipt of copy of this order as per relevant rules, regulations and law. Also, the petitioners are directed to participate and co-operate in the proceedings.
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6. Accordingly, with the aforesaid direction, the instant petition is
disposed of. Certified copy as per rules. sd/-
(Arvind Kumar Verma) Judge alfiza