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2025:CGHC:28249
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3251 of 2025 Kamlesh Verma S/o Late Shri Banshilal Verma Aged About 29 Years R/o Ward No.-13, Bazar Road, Nagar Panchayat Lavan, District Balodabazar-Bhatapara, Chhattisgarh
... Petitioner versus 1 - State of Chhattisgarh Through The Secretary, Department of Urban And Rural Development, Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, Chhattisgarh 2 - The Collector District Balodabazar-Bhatapara, Chhattisgarh 3 - Tahsildar Tahsil - Lavan, District Balodabazar-Bhatapara, Chhattisgarh 4 - The Chief Municipal Officer Nagar Panchayat Lavan, District Balodabazar- Bhatapara, Chhattisgarh
... Respondents For Petitioner : Mr. Utkal Pradhan, Advocate For State : Ms. Upasana Mehta, Dy. GA
(Hon’ble Shri Justice Arvind Kumar Verma)
Order on Board 26/06/2025
1. By way of the instant petition the petitioner is challenging the impugned notice dated 17/06/2025 issued by Respondent No.4 whereby the petitioner has been directed to vacate the premises ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.06.30 10:43:00 +0530
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2. Earlier the petitioner had filed a writ petition bearing WPC No.1853 of 2023 challenging the notice dated 28/01/2022 in respect of the same land in question wherein this Court on 20/04/2023 has
disposed of the said writ petition and has held thus in paras 4 & 5 which is reproduced hereinbelow:-
4. Given the submissions made by the counsel for the parties, the writ petition stands disposed of directing the respondent Authorities, particularly, respondent no.2 to consider the application of the petitioner for grant of lease/Patta over the land in possession of the petitioner, in terms of the Scheme of the State Government dated 11.09.2019 at the earliest preferably within an outer limit of 90 days.
5. Since the application of the petitioner is already pending consideration, the respondent Authorities, particularly, respondent no.4 is restrained from taking any coercive steps against the petitioner so far as possession over the subject land is concerned.
3.
Learned counsel for the petitioner would submit that the application of the petitioner for grant of lease/Patta over the land in possession of the petitioner in terms of the Scheme of the State Government dated 11/09/2019 is still pending before the Respondent No.2 and this Court has already passed the order that Respondent No.4 is restrained from taking any coercive steps against the petitioner so far as the possession over the subject land is concerned, however, despite that the Respondent No.4 has issued notice to the petitioner
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4. I have heard learned counsel for the petitioner and perused the order passed by this Court in WPC No.1853 of 2023.
5. Perusal of the order dated 20/04/2023 in WPC No.1853 of 2023 would show that already this Court has granted relief to the petitioner, therefore, this writ petition is not maintainable for the same relief.
6. Accordingly, the instant writ petition is disposed of directing the petitioner to place the order passed by this Court in WPC No.1853 of 2023 dated 20/04/2023 before the concerned authority i.e. Respondent No.4 and Respondent No.4 is directed to comply the
order passed by this Court passed in WPC No.1853 of 2023 in its true perspective, failing which the petitioner shall be at liberty to take the appropriate steps as available to him under the law against the respondent authorities. SD/- (Arvind Kumar Verma)
JUDGE ashu