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2025 DAILYLAW 37238 (CHH)

VIKAS KUMAR AGRAWAL v. THE STATE OF CHHATTISGARH

WPC/3945/2025 · 2025-07-28

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:36784 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3945 of 2025 1 - Vikas Kumar Agrawal S/o Motilal Agrawal, Aged About 45 Years R/o Ramanujganj, Ward No. 15, Tahasil - Ramanujganj Distt. Balrampur - Ramanujganj (C.G.) ... Petitioner(s) versus 1 - The State Of Chhattisgarh Through Secretary Revenue And Disaster Management, Mahanadi Bhawan, Atal Nagar, Raipur, Distt. - Raipur (C.G.) 2 - The Collector, Distt. - Balrampur - Ramanujganj (C.G.) 3 - The Additional Collector, Ramanujganj, Distt. - Balrampur - Ramanujganj (C.G.) 4 - The Sub - Divisional Officer, (Revenue) Cum Nazul Officer, Ramanujganj, Distt. - Balrampur - Ramanujganj (C.G.) 5 - The Chief Municipal Officer, Nagar Panchayat Ramanujganj (C.G.) 6 - The Assistant Director, Town And Country Planning, Area Office Ambikapur, Distt. - Surguja (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Rahul Mishra, Advocate For Respondent(s) : Mr. Satish Gupta, G.A. Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 29/07/2025 1. By way of the present petition, the petitioner has prayed for the following reliefs: “10.1 That, this Hon’ble Court may kindly be pleased to set aside the impugned order dated 2 12.08.2024 Annexure P/1 passed by the respondent no. 4 being without jurisdiction as per the provision contained under C.G. Revenue Book Circular. 10.2 That, the Hon’ble Court may kindly be pleased to direct respondent authorities to settle the land bearing khasra no. 966 rakba 0.01 decimal (39 sq. meter) upon which house of petitioner is situated at Village Ramanujganj, Tahsil Ramanujganj, District- Balrampur- Ramanujganj (C.G.) in favour of petitioner in accordance with law. 10.3 That, the Hon’ble Court may kindly be pleased to issue any other relief/order/direction in favour of petitioner, which deemed fit and proper in the facts and circumstances of the case, in the interest of justice.” 2. Learned counsel appearing for the petitioner submits that the impugned order dated 12.08.2024 (Annexure P/1) passed by respondent no. 4 in Revenue Case No. 202102270900040/v-20(1)/2020-21 whereby the respondent no. 4 without having jurisdiction and without giving opportunity of hearing to the petitioner the application filed by petitioner for allotment of nazul land bearing khasra no. 966 rakba 0.01 decimal (39 sq. meter) has been rejected on the ground that, the order dated 11.09.2019 issued by the State Government has been cancelled vide 3 letter dated 23.07.2024 by respondent no. 1. It is respectfully submitted that, there are rules provided for allotment of Nazul land under Chapter IV(1) Clause 13 and 17 of Revenue Book Circular and order dated 11.09.2019, the District Collector is competent authority whereas the respondent no. 4, who has passed the impugned order against the petitioner without jurisdiction. 3. Learned State counsel opposed the submission made by the learned counsel for the petitioner and submits that there is an alternate remedy available to the petitioner. 4. I have heard learned counsel for the petitioner at length and perused the record with utmost circumspection. 5. Considering the facts and circumstances of the case instead of keeping this petition pending, I find it appropriate to dispose of the same at this stage directing the petitioner to file a fresh representation before the competent authority and in turn the respondent authorities are directed to consider/decide the representation of the petitioner in accordance with law. Since, the petitioner is in possession of the land in question and he has already deposited the settlement amount of Rs. 7 lakhs before the competent authority, therefore, till the representation of the petitioner is decided, no coercive steps shall be taken against the petitioner. 6. With the aforesaid direction, the writ petition is disposed of. Sd/- (Arvind Kumar Verma) JUDGE Madhurima