1 2025:CGHC:11845 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 514 of 2021 1 - Gajendra Patanwar S/o Shri Juglal Patanwar, Aged About 38 Years R/o Gram Mainkheda, Post Office - Poni, Tehsil Charama, District - Uttar Bastar - Kanker Chhattisgarh., District : Kanker, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh, Through The Secretary, Urban Administration, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Collector Uttar Bastar - Kanker. District - Uttar Bastar Kanker Chhattisgarh., District : Kanker, Chhattisgarh 3 - Sub - Divisional Officer (Revenue) Charama, Tehsil - Charama, District Uttar Bastar Kanker Chhattisgarh., District : Kanker, Chhattisgarh 4 - Tehsildar Charama, Tehsil - Charama, District - Uttar Bastar Kanker Chhattisgarh., District : Kanker, Chhattisgarh 5 - Patwari Phn.05 Mainkheda Tahsil Charama District - Uttar Bastar Kanker Chhattisgarh., District : Kanker, Chhattisgarh ---- Respondents For Petitioner : Mr. Abhiyuday Tripathi, Advocate For State : Mr. Vinay Pandey, Dy. A.G. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 10.03.2025 1. Heard on admission. 2. The petitioner has filed this petition seeking the following relief(s):- “10.1 The Hon'ble Court may kindly be pleased to set aside the impugned order dated 16.07.2018 issued by the Tehsildar, Charama, Uttar Bastar, District- Kanker REKHA SINGH Digitally signed by REKHA SINGH Date: 2025.03.12 10:48:54 +0530 -2- (P/1). 10.2 The Hon'ble Court may kindly be pleased to order the respondent authorities to issue patta/lease of the land bearing khasra no. 112/2 rakba 2.20 hectare in Gram Mainkheda Patwari Halka No. 05 Tehsil Charama, Uttar Bastar, District- Kanker, Chhattisgarh. 10.3 The Hon'ble Court may kindly be pleased to issue direction to conduct inquiry to investigate about the case of the petitioner and to call for the entire records regarding the case of the petitioner. 10.4 The Hon'ble Court may kindly be pleased to grant any other relief to the petitioner which this Hon'ble Court deems fit & proper in the facts & circumstances of the case, in the interest of justice.” 3. Mr.Tripathi, Advocate appearing for the petitioner would submit that the petitioner submitted a representation before the Sarpanch of Gram Mainkheda and Tehsildar, Charama, Uttar Bastar, District Kanker (C.G.) for the grant of a lease of the land bearing Survey No.112/2 ad-measuring 2.20 hectares on 25.03.2006. He would further submit that the petitioner was permitted to use the land by the villagers. It is also contended that a complaint was made by the petitioner before the Collector on 18.09.2017. He would contend that an inquiry was conducted, wherein it was found that the concerned Patwari had committed fraud. He would further contend that at this stage the petitioner may be permitted to make a representation before the concerned Collector and the said authority may be directed to decide the representation strictly in accordance with the law within a stipulated time frame. 4. On the other hand, Mr. Pandey, the learned Deputy Advocate General appearing for the State would oppose the submissions 3 made by Mr. Tripathi. He would submit that the petitioner has no right to claim the grant of the lease as the land in question is government land. He would further submit that an order under Section 248 of the Chhattisgarh Land Revenue Code was passed. He would further contend that the petitioner has an efficacious alternative remedy to challenge that order. He would also contend that the present petition deserves to be dismissed. 5. I have heard the learned counsel appearing for the parties and perused the documents placed on the record. 6. Taking into consideration the limited prayer made by the petitioner, at this juncture, the present petition is disposed of reserving liberty in favour of the petitioner to make a representation before respondent No.2 and in turn, the authority concerned is directed to decide the representation in an objective manner preferably within a period of 120 days from the date of receipt of a copy of this order. It is expected that the authority concerned shall provide sufficient opportunity of hearing to the interested parties. 7. It is made clear that this Court has not expressed any opinion on the merits of the case. 8. Accordingly, the present petition is disposed of at the admission stage. Sd/- (Rakesh Mohan Pandey) Judge Rekha