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2025 DAILYLAW 35425 (CHH)

GHULTU v. STATE OF CHHATTISGARH

WPC/3732/2025 · 2025-07-17

Shri Arvind Kumar Verma

body2025

Judgment text

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1 / 3 2025:CGHC:34182 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3732 of 2025 Ghultu S/o Late Ramprasad Aged About 64 Years R/o Village- Daldhowa, P.S. And Tahsil- Balrampur, Distt- Balrampur-Ramanujganj (C.G.) ... Petitioner versus 1 – State of Chhattisgarh Through - The Secretary, Department Of Forest Mahanadi Bhawan New Raipur Distt- Raipur (C.G.) 2 - The Secretary Department Of Revenue Mahanadi Bhawan New Raipur Distt- Raipur (C.G.) 3 - The Collector Balrampur, Distt- Balrampur - Ramanujganj (C.G.) 4 - Divisional Forest Officer - Balrampur Distt- Balrampur - Ramanujganj (C.G.) 5 - The Game Ranger, Semarsot Century - Balrampur, Distt- Balrampur - Ramanujganj (C.G.) 6 - Range Assistant Forest Range - Balrampur, Distt- Balrampur - Ramanujganj (C.G.) ... Respondents For Petitioner : Mr. A.N. Pandey, Advocate For State : Mr. Anurag Tripathi, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 18/07/2025 ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.07.22 11:36:12 +0530 2 / 3 1. The instant writ petition under Article 226 of the Constitution of India has been filed challenging the legality and validity of the order dated 13/06/2025 (Annexure P/1) issued by Respondent No.6 whereby the petitioner has been directed to produce the valid documents of the land Beat No.P-4246 situated at Dumarkhi East on the allegation that the petitioner is illegally cultivating the aforesaid land. 2. By way of the instant petition, the petitioner has prayed for the following reliefs:- 10.1 That, this Hon’ble court may kindly be pleased to set aside of the impugned order dated 13.6.2025 issued by the respondent no.6 ANNEXURE P/1. 10.2 That, this Hon’ble Court may kindly be pleased to direct the respondent authorities to demarcate the land of the petitioner within stipulated period. 10.3 That, this Hon’ble Court may kindly be pleased restrain the respondent authorities to not dispossess the petitioner from the subject land and not disturb the peaceful possession of the petitioner upon the subject land. 10.4 Any other relief or reliefs may also be granted to the petitioner which this Hon’ble court deems fit and proper in the facts and circumstances of the case. 3. The grievance of the petitioner is that the petitioner is in possession of the subject land since a long period and cultivating the said land only on the portion which has been granted to the petitioner by way of patta and he has not encroached upon any other land, however, the respondent authorities have issued the impugned order and despite having filed the reply by the petitioner, the respondents have 3 / 3 restrained the petitioner and directed not to cultivate the subject land without there being any demarcation or any reason. 4. Per contra, learned State counsel opposes the submissions made by learned counsel for the petitioner and would submit that some overwriting exists in the entry of the revenue records, therefore, the instant petition deserves to be dismissed. 5. I have heard learned counsel for the parties at length and perused the documents with utmost circumspection. 6. Considering the submission of the petitioner that the petitioner has filed the documents which shows that the petitioner is the lease holder of the land in question and the name of the petitioner is also entered in the revenue records. In such eventuality, at this juncture the respondent authorities are directed to get the land demarcated whose patta has been issued in favour of the petitioner. The respondent authorities after due demarcation/identification of the property of the petitioner shall not disturb the peaceful possession of the petitioner’s enjoyment of his right over the said property. 7. With the aforesaid direction/observation, the writ petition accordingly stands disposed of. SD/- SD/- (Arvind Kumar Verma) JUDGE ashu