1 2025:CGHC:5856 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3386 of 2019 1 - Kashiram Fekar S/o Bisoudaram Aged About 48 Years Cast - Dimar, R/o Village Risada, P.H.No. 13, Tah. Baloda Bazar, District Baloda Bazar-Bhatapara Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Department Of Revenue, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur Chhattisgarh. 2 - Manager (Land Acquisition) Shree Cement Limited, House No. 31/248, Civil Line, Near C.M. House, Raipur, Distt. Raipur Chhattisgarh. 3 - Collector District Baloda Bazar-Bhatapara Chhattisgarh, District : Balodabazar-Bhatapara, Chhattisgarh 4 - Sub Divisional Officer (Revenue) Balodabazar District : Balodabazar- Bhathapara, Chhattisgarh. 5 - Tahsildar Balodabazar, Distt. Balodabazar-Bhatapara Chhattisgarh. 6 - Village Panchayat Risda Tah. Balodabazar, Distt. Balodabazar- Bhatapara Chhattisgarh. ---- Respondents For Petitioner : Mr. Ashish Gangwani, Advocate holding the brief of Ms. M. Asha, Advocate. For Respondent/ State : Mr. Dashrath Prajapati, P.L. For Respondent No.2 : Mr. Pankaj Singh, Advocate. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 31.01.2025 Digitally signed by SMT NIRMALA RAO -2- 1. The petitioner has filed this petition seeking the following reliefs: “10.1. That, this Hon'ble may kindly be pleased to allow the writ petition and be pleased to make an order to quash the patta issued in favour of respondent No.2 since for the same land, the patta issued in favour of petitioner has not been earlier cancelled by the government by any order and be pleased to make an order to grant the compensation of Rs.5 lakhs each to the petitioner. 10.2. That, this Hon'ble Court may kindly be pleased to grant any other relief/ reliefs in favour of the petitioner, which the Hon’ble Court deemed fit & just in the facts and circumstances of the case, including awarding of the costs to the petitioner.” 2. Learned counsel for the petitioner would submit that the petitioner granted lease of abadi land part of Survey No.614/3, admeasuring 0.010 hectares (33 x 33 sq.ft.), by the then the Sarpanch, Gram Panchayat Risda, Block Baloda Bazar. It is further pleaded that though the lease of the subject land was granted to the petitioner but same is being used for mining activities by Emami Cement and no compensation has been paid to the petitioner. It is contended that a direction may be issued to the respondent authorities and the Emami Cement to pay compensation. 3. On the other hand, learned counsel for respondent No.2 would submit that the part of survey No. 614/3 admeasuring 0.010 hectares is not being used for any purpose by respondent No.2. 4. Learned counsel for the State would submit that if the petitioner makes a representation before the Sub-Divisional Officer (Revenue), appropriate decision would be taken by the said authority after examining the entire material. 3 5. I have heard learned counsel for the parties and perused the documents present on the record. 6. Taking into consideration the fact that a lease was granted to the petitioner on 23.8.2004 and it is alleged that the allotted land is being used by someone else for mining purpose, and in this regard, no document has been placed in the present petition, therefore, the petition is disposed of reserving liberty in favour of the petitioner to move an application before the Sub-Divisional Officer (Revenue), Baloda Bazar and in turn, the authority concerned shall examine the representation and to take appropriate decision strictly in accordance with law. The entire exercise shall be completed by the said authority within a period of four months from the date of receipt of a copy of this order. 7. With the aforesaid observation(s), the petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge Nimmi