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2025 DAILYLAW 37036 (CHH)

MOHAN LAL PAIKARA v. STATE OF CHHATTISGARH

WPC/3938/2025 · 2025-07-24

Shri Arvind Kumar Verma

body2025

Judgment text

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1 / 3 2025:CGHC:36083 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3938 of 2025 1 - Mohan Lal Paikara S/o Teej Ram Paikara Aged About 75 Years 2 - Satish Paikara S/o Mohan Lal Paikara Aged About 55 Years 3 - Munish Paikara S/o Mohan Lal Paikara Aged About 50 Years All are R/o Village Mopka Bilaspur, Tahsil And District Bilaspur C.G. ... Petitioners versus 1 - State of Chhattisgarh Through The Secretary, Department of Revenue, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur C.G. 2 - Collector, Bilaspur, District Bilaspur C.G. 3 - Sub Divisional Officer (Revenue), Bilaspur, District Bilaspur C.G. 4 - Tahsildar, Bilaspur, District Bilaspur C.G. 5 - Smt. Filomina Ekka W/o Amrit Kumar Ekka Aged About 62 Years R/o Chandela Vihar, Vyapar Vihar, Bilaspur, District Bilaspur C.G. ... Respondents For Petitioners : Mr. Akhand Pratap, Advocate For State : Mr. Satish Gupta, GA (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 25/07/2025 1. The instant writ petition has been filed challenging the legality, validity and propriety of the order dated 21/07/2025 passed by the ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.07.26 15:13:54 +0530 2 / 3 Respondent No.4/Tehsildar in Revenue Case No.202507072500106/A-70/2024-25, whereby the learned Tehsildar has passed the order for removal of petitioners from their land. 2. The brief facts as projected by the petitioners are that the petitioners purchased three plots i.e. the land bearing Khasra Nos. 933/10, 933/11 and 933/12 situated at P.H. No.29, Mopka, District Bilaspur C.G. from Sarkari Karmchari Sahkari Grim Nirman Samiti on 15/09/1997. After due registration of sale deed the name of the petitioners have been mutated in the revenue records. The land brokers with ill intention in the year 2019 tried to mark the land of the petitioners as their own land and the brokers along with the local revenue authorities made a conspiracy on 15/12/2022 broker Ishwar Dhruv as a power of Attorney of Ram Kumar Gond and Ramavtar Gond sold one land bearing Khasra No.943/3 area 0.1210 hectare. The Respondent No.5 filed an application for demarcation on 12/06/2023 and the said demarcation was also challenged as the signature of the neighbours were not present. Thereafter, the Respondent No.5 filed an application under Section 250 of the Land Revenue Code, the petitioner received the notice and filed their respective objections and on 21/07/2025 without fixing the matter for leading evidence and for final hearing the said proceedings have been finalized by the respondent authorities and directed the petitioners to remove the possession of the petitioners. 3. Learned counsel for the petitioner would submit that the respondent 3 / 3 authority without following the due procedure of law and without affording any opportunity of hearing to the petitioner passed the final order, which is against the law. 4. Per contra, learned State counsel opposes the submission made by learned counsel for the petitioners. 5. I have heard learned counsel for the parties and perused the documents with utmost circumspection. 6. Be that as it may, since there is an alternative remedy under Section 44 (1) of the C.G. Land Revenue Code, 1959 is available to the petitioner for filing of appeal against the order of the Tehsildar dated 21/07/2025 passed under Section 250 of the Code, 1959, therefore, the petitioner is granted liberty to file an appeal under Section 44 (1) of the Code, 1959 within a period of 15 days. 7. With the aforesaid observation, the writ petition stands disposed of. SD/- SD/- (Arvind Kumar Verma) JUDGE ashu