1 2025:CGHC:5998 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2750 of 2019 1 - Antonis Lakara S/o Late Thedor Lakara, Aged About 35 Years R/o Village Sahidand, Post Sarabkombo, Tahsil Bageecha, District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Home Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur , District Raipur Chhattisgarh. 2 - Collector, Jashpur, District Jashpur Chhattisgarh. 3 - Tahsildar, Bagicha, District Jashpur Chhattisgarh. 4 - Sarpanch, Village Panchayat Sahidand, Post Sarabkombo, Tahsil Bageecha, District Jashpur Chhattisgarh. ---- Respondents For Petitioner : Mr. Vivek Singhal, Advocate. For Respondent/ State : Mr. Vedant Shadangi, P.L. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 03.02.2025 1. The petitioner has filed this petition seeking the following reliefs: “10.1 This Hon'ble Court may kindly be pleased to direct the respondent authorities not to disturb the possession of the petitioner over the land bearing Khasra No.306/1 situated at village Sahidand, Post Sarabkombo, Tahsil Bageecha, District Jashpur (C.G.). Digitally signed by SMT NIRMALA RAO -2- 10.2 This Hon'ble Court may kindly be pleased to direct the respondent authorities' to decide the representation of the petitioner and to fresh decide the claim of petitioner giving opportunity of hearing. 10.3 This Hon'ble Court may kindly be pleased to direct the respondent authorities to allow the petitioner to cultivate his crops for the year-2019 over the subject land, which has already been cultivated by him. 10.4 Any appropriate writ, direction or order may also kindly be passed in favour of the petitioners, which this Hon'ble Court deems fit in the circumstances of the case.” 2. Learned counsel for the petitioner would submit that the petitioner is in possession of Survey No.304 admeasuring 1.295 hectares situated at village Sahidand, Tehsil Bageecha, District Jashpur since 60 – 70 years. He would contend that an application was moved before the Tehsildar and other revenue authorities for grant of lease and those applications/ representations have not been decided. He would pray that a direction may be issued to the respondent authorities to decide the pending representations. 3. On the other hand, learned counsel for the respondents would oppose the submissions made by counsel for the petitioner. He would submit that the petitioner has not placed any document to establish his right over the subject property. He would contend that the petitioner has claimed relief of temporary injunction, declaration of title and possession by filing this petition, therefore, this petition is not maintainable. 4. I have heard learned counsel for the parties and perused the documents present on record. 3 5. Taking into consideration the fact that the petitioner is in possession of part of Survey No.306/1 for last 70 years and he is cultivating on the said land and same was earmarked for Gouthan and further, the interim order was granted in favour of the petitioner vide order dated 8.8.2019, therefore at this juncture, the petition is disposed of reserving liberty in favour of the petitioner to make a representation before respondents No.2 & 3 alongwith the relevant documents for grant of lease and in turn, the authorities concerned are directed to consider the representation of the petitioner in an objective manner expeditiously, preferably, within a period of 150 days. The interim order dated 8.8.2019 shall remain in force for a period of 150 days. 6. With the aforesaid observation(s), the petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge Nimmi