1 2025:CGHC:17147 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3623 of 2022 1 - Mohammad Sakur S/o Fakir Mohammad Aged About 52 Years Bulgaon, P.S. Ramanujganj, District Balrampur-Ramanujganj Chhattisgarh. 2 - Ajmat Ansari S/o Fakir Mohammad Aged About 58 Years R/o Bulgaon, P.S. Ramanujganj, District Balrampur-Ramanujganj Chhattisgarh. 3 - Mosaheb Ansari S/o Fakir Mohammad Aged About 66 Years R/o Bulgaon, P.S. Ramanujganj, District Balrampur-Ramanujganj Chhattisgarh. 4 - Ali Mohammad S/o Fakir Mohammad Aged About 50 Years R/o Bulgaon, P.S. Ramanujganj, District Balrampur-Ramanujganj Chhattisgarh. 5 - Mohabbad S/o Fakir Mohammad Aged About 45 Years R/o Bulgaon, P.S. Ramanujganj, District Balrampur-Ramanujganj Chhattisgarh. 6 - Wahid S/o Mosaheb Aged About 42 Years R/o Bulgaon, P.S. Ramanujganj, District Balrampur-Ramanujganj Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Revenue Development Department, Mantralaya, Mahanadi Bhawan, Atal Nagar Nava Raipur, District Raipur Chhattisgarh. 2 - Collector, Balrampur, District Balrampur-Ramanujganj Chhattisgarh. VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR Date: 2025.04.17 10:47:28 +0530 2 3 - Sub Divisional Officer (Revenue), Ramanujganj, District Balrampur- Ramanujganj Chhattisgarh. 4 - Tahsildar, Ramanujganj, District Balrampur-Ramanujganj Chhattisgarh. 5 - Sarpanch, Gram Panchayat, Bulgaon, Janpad Panchayat, Ramanujganj District Balrampur-Ramanujganj Chhattisgarh. ... Respondents (Cause-title taken from the Case Information System) ----------------------------------------------------------------------------------------------- For Petitioners :- Mr. C.J.K. Rao, Advocate For State :- Mrs. Upasana Mehta, Dy. Govt. Advocate ----------------------------------------------------------------------------------------------- SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 15.04.2025 1. This petition has been filed for issuance of necessary direction as there is threat of dispossession to the petitioners by the State authorities. 2. The petitioners have filed the petition seeking following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities not to dispossess the petitioners from the land having Khasra No. 702/2, 703, 709/1 situated at Village Bulgaon, Tahsil Ramanujganj, District Balrampur-Ramanujganj (C.G.). 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to demarcate some other land situated at Village Bulgaon for the purpose of Gothan. 10.3 Any other relief which this Hon'ble Court deems fit and proper may also be passed in 3 favour of the petitioners together with cost of the petition.” 3. Brief facts of the case are that the petitioners are cultivating the land having Khasra No. 702/2, 703, 709/1 situated at Village Bulgaon, Tahsil Ramanujganj, District Balrampur-Ramanujganj (C.G.) since 1960. The names of the petitioners are also entered in the revenue records since 1980. The petitioners are landless villagers in the said village and cultivating the said land for their livelihood and also constructed temporary structure for their shelter and residing peacefully since more than 60 years. The respondent No. 4 in the month of August 2022 during inspection demarcate the land of the petitioners for the purpose of Gothan inspite of availability of other land and time to disposess the petitioners from the said land, wherein the petitioners also cultivated crops. The names of the petitioners are also recorded in the revenue records, which clearly reflects that the petitioners from very long time are cultivating the above land for their livelihood. The petitioners have also approached to the Sarpanch of the said village with a request to not to construct Gothan in the land of the petitioners on 05.08.2022. However, till date no action has been taken. Hence this writ petition. 4. Learned counsel for the petitioners submits that the petitioners have moved an application for settlement lease of land in favour of the petitioners as the petitioners are residing in the said land since way back from the year 1960 while raising construction over 4 it and their entire family is dependent upon the said land by cultivating over it and, as such, the respondent authorities especially the respondent No. 2 may be directed to consider the pending application of the petitioners which has been filed and received by the respondent No. 2 on 29.08.2022. 5. Learned State counsel submits that the petitioners may be directed to file a fresh application for their grievance, which would be considered and decided, in accordance with law, within stipulated time. 6. I have heard learned counsel for the parties and perused the material evidence available on record. 7. Considering the facts and circumstances of the case and submissions made by the parties, the petitioners are directed to file a fresh application/representation to the respondent No. 2 Collector, Balrampur, District Balrampur-Ramanujganj along with the relevant documents raising their grievance within a period of 15 days and, in turn, the respondent No. 2 Collector, Balrampur, District Balrampur-Ramanujganj, shall consider and decide the said application for grant of lease/patta, while passing an appropriate order, within a further period of 60 days from the date of receipt of such application. 8. It is made clear that this Court has not expressed any opinion on the merits of the case and the respondent No. 2 Collector, Balrampur, District Balrampur-Ramanujganj shall be at liberty to decide the case on its own merits, in accordance with law. 5 However, till the decision of the said application/representation, the petitioners shall not be removed from their land. 9. With the aforesaid direction/observation, this writ petition stands disposed off. Sd/- (Amitendra Kishore Prasad) Judge Vishakha