1 2025:CGHC:25007 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2759 of 2020 1 - Shiv Prasad Kushwaha S/o Late Ramdhani Kushwaha Aged About 75 Years 2 - Keshwar Prasad Kushwaha S/o Shiv Prasad Kushwaha Aged About 44 Years Both are R/o Village Bhagwanpur Khurd, Post Raghavpur, Police Station Gandhinagar, Tahsil And District Ambikapur, Chhatisgarh, ... Petitioners versus 1 - State Of Chhattisgarh Through Secretary, Urban Administration And Development Department, Mahanadi Bhawan, New Raipur, Chhattisgarh, 2 - Municipal Corporation, Ambikapur Through Commissioner, Municipal Corporation, Ambikapur, District Surguja, Chhattisgarh, 3 - Mayor, Municipal Corporation Ambikapur, District Surguja, Chhattisgarh, 4 - The Collector, District Surguja, Ambikapur, Chhattisgarh 5 - The Sub Divisional Officer Ambikapur, District Surguja, Chhattisgarh, 6 -The Tahsildar Ambikapur, District Surguja, Chhattisgarh, 7 - Mr. Vinod Kumar Jain, Contractor Aged About 50 Years, Jashpur Nagar, District Jashpur Nagar Chhattisgarh. ---- Respondents _____________________________________________________________ For Petitioners :Shri Ashok Kumar Shukla, Advocate For State/Respondents No.1,4,5 & 6 :Shri Ruhul Ameen, Panel Lawyer For Respondents No. 2 and 3 :Shri Anuj Kumar Pandey, Advocate appears on behalf of Shri Bhupendra Singh, Advocate For Respondent No.7 :Shri Arpit Agrawal, Advocate appears on behalf of Shri Satish Gupta, Advocate ------------------------------------------------------------------------------------------------------- SUNITA GOSWAMI Digitally signed by SUNITA GOSWAMI Date: 2025.06.17 18:51:59 +0530 2 Single Bench:Hon'ble Shri Justice Sanjay S. Agrawal Order On Board 17.06.2025 1. By virtue of this petition, filed under Article 226 of the Constitution of India, the petitioners are seeking the following reliefs :- 10.1. That, this Hon'ble Court may graciously be pleased to issue a writ of mandamus / certiorari or of like nature to the respondents to modify the work order and exclude the lands of the petitioners from the construction work of Atal Awas. 10.2. That, a command / direction may kindly be issued to the respondents not to destroy the crops and fields of the petitioners on the subject land and further not to raise any construction over the said land withal the possession of the petitioners may kindly be restored as before and the compensation in sum of Rs.5 Lacs for destroying the crop of paddy may also be awarded. 10.3. Any other relief, which is deemed fit and proper may also be awarded to the Petitioners including the cost of the petition. 2. It is the contention of the petitioners that the land bearing Khasra No.179/3, admeasuring 2.00 acres and 236/1, admeasuring 3.00 acres, situated at village Bhagwanpur (Subhash Nagar) was granted to petitioner No.1- Shiv Prasad Kushwaha on lease by the Tahsildar, Ambikapur (Annexure P-1), however, at the time of re-settlement carried out somewhere in the year 1995-96, the same was shown to be the land of State government owing to some mistake while preparing the land records and the petitioners have been shown as the encroachers. It is the further contention of the petitioners that upon knowing the said fact, an application for correction of the land records was submitted before the Tahsildar, Ambikapur, who, 3 however, vide order dated 31.08.2016, has dismissed the same and the appeal preferred there against was also dismissed by the Sub- Divisional Officer (Revenue) vide order dated 24.11.2017 (Annexure P-4) and, the appeal preferred against the said order before the Commissioner, Surguja Division, Ambikapur, is still pending. It is the further contention of the petitioners that all of a sudden, on 05.09.2020, one Contractor reached the spot and destroyed the entire standing paddy crop of the petitioners, while using JCB machine and has broken the partition of the fields as well and threatened the petitioners to dispossess from the alleged land and, therefore, the petitioners have been constrained to file the instant petition seeking the reliefs as mentioned above. 3. The aforesaid claim of the petitioners has been opposed by the respondents stating therein that since the land in question was recorded in the name of State Government as “Chhote Jhad Ka Jangle” and, since the claim of the petitioners for correction of the land records has already been refused by the Tahsildar, Ambikapur vide order dated 31.08.2016 and the appeal preferred by them against the said order was also dismissed by the Sub-Divisional Officer (Revenue), Ambikapur vide order dated 24.11.2017 and as the appeal preferred against the said order is still pending before the Commissioner, Surguja, therefore, the petition as framed, deserves to be dismissed. 4. I have heard learned counsel appearing for the parties and perused the entire papers carefully. 4 5. From perusal of the record, it appears that the land bearing Khasra No.179/3, admeasuring 2.00 acres and Khasra No.236/1, admeasuring 3.00 acres, situated at village Bhagwanpur (Subhash Nagar) was granted to Shriv Prasad Kushwaha on lease (Patta) by the Tahsildar, Ambikapur in Revenue Case No.7/A-3/1976-77 on 15.01.1976. It appears further that at the time of re-settlement, the land bearing Khasra 73, admeasuring 2.02 hectare was shown to be the government land, while recording as “Chhote Jhad Ka Jangle”. It appears further that since the petitioners are claiming their interest over the alleged land by virtue of the alleged lease as granted by the Tahsildar, Ambikapur on 15.01.1976, therefore, an application for correction of the revenue records was made before the Tahsildar, Ambikapur, who in turn, vide its order dated 31.08.2016 rejected the said application in Revenue Case 01/A-6-A/2009-10. 6. It is to be seen further that being aggrieved with the aforesaid order, an appeal, being Revenue Appeal No.52/A-6A/2016-17, was preferred by petitioner No.1, namely, Shiv Prasad Kushwaha before the Sub- Divisional Officer, Ambikapur, District Surguja, who in turn, has affirmed the said order as passed by the Tahsildar, Ambikapur while dismissng the appeal vide order dated 24.11.2017 and, being aggrieved with the said order, an appeal has already been preferred by said Shiv Prasad Kushwaha before the Commissioner, Surguja and is still pending for consideration before the said authority as stated by the counsel for the petitioners. 7. What is, therefore, reflected from the aforesaid facts that though, the 5 petitioners are claiming their interest over the land in question, but the same was, however, found to be recorded as “Khasra No.73” admeasuring 2.02 hectares in the name of State government while showing as “Chhote Jhad Ka Jangle” and the application as made by the petitioners for correction of the land records, has already been refused by the Tahsildar, Ambikapur as well as by the Sub-Divisional Officer (Revenue), Ambikapur, District Surguja vide its order dated 31.08.2016 and 24.11.2017, respectively, and as the appeal preferred against the said order is still pending before the Commissioner, Surguja, therefore, under such circumstances, I am not inclined to entertain this petition in order to grant reliefs as claimed by the petitioners. 8. 8. Before parting with the matter, it is to be observed that any of the observations made herein-above would not come in the way for disposal of the said appeal preferred by the petitioners before the Commissioner, Surguja, who shall decide the same in accordance with law. 9. The petition being devoid of merit is, accordingly, dismissed with the aforesaid observation. No order as to cost(s). Sd/- (Sanjay S. Agrawal) JUDGE sunita