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2025 DAILYLAW 34475 (CHH)

PRITAM LAL SONWANI v. STATE OF CHHATTISGARH

WPC/3663/2025 · 2025-07-15

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:33193 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3663 of 2025 1 - Pritam Lal Sonwani S/o Shri Kalap Das, Aged About 53 Years R/o Village- Jampara, P.S. And Tehsil-Baikunthpur, District Koriya (Chhattisgarh) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Panchayat And Rural Development, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur (Chhattisgarh) 2 - The Collector, Koriya, District Koriya (Chhattisgarh) 3 - The Sub Divisional Officer (Revenue), Baikunthpur, Tehsil- Baikunthpur, District Koriya (Chhattisgarh) 4 - The Tahsildar, Baikunthpur, Tehsil- Baikunthpur, District Koriya (Chhattisgarh) ... Respondent(s) For Petitioner(s) : Mr. Pushkar Sinha, Advocate For Respondent(s) : Ms. Nupur Trivedi, Panel Lawyer Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 16/07/2025 1. By way of the present petition, the present petitioner is praying for the following reliefs: “10.1 That, this Hon’ble Court may kindly be 2 pleased to call the entire records relating to the case of the Petitioner. 10.2 Issue an appropriate writ, order or direction to respondent no. 4 to set-aside/quash the eviction warrant dated 23.05.2025 issued against the petitioner. 10.3 Direct the Respondents to not demolish the house of petitioner which is constructed over the government land bearing Khasra No. 11/23 admeasuring 0.105 Hectare situated at Village Kanchanpur, Tahsil-Baikunthpur, District- Koriya, C.G. 10.4 Any other relief which Hon’ble Court deems fit and proper in the facts and circumstances of the case and cost of the petition.” 2. Learned counsel for the petitioner submits that the petitioner comes under Below Poverty Line category, and is landless villager and for last more than 40 years had been constructed the house and resided there which belongs to government land bearing Khasra No. 11/23 admeasuring 0.105 hectare situated at village Kanchanpur, Tahsil- Baikunthpur, District-Koriya, C.G. Respondent no. 4 with malafide intention issued a notice for eviction from the said land and thereby issued show cause notice to the petitioner and has been directed to vacate the said land. The respondent no. 4 has passed an eviction order dated 23.05.2025 against the petitioner and imposed the penalty of Rs. 2000/-. 3 3. Learned State Counsel submits that there is an alternate remedy available to the petitioner, therefore, the present petition may be dismissed on this ground alone. 4. Heard learned counsel for the respective parties and perused the record. 5. Considering the facts and circumstances of the case and the submissions of the counsels for the respective parties, particularly the fact that the petitioner has applied for grant of patta before the Collector, Baikunthpur, District- Korea on 16.06.2025, this Court directs the Collector, Baikunthpur, District-Korea (C.G.) to decide the representation dated 16.06.2025 filed by the petitioner in accordance with law. 6. With the aforesaid direction, the present petition is disposed of. Sd/- (Arvind Kumar Verma) JUDGE Madhurima