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2025 DAILYLAW 37524 (CHH)

PAWAN KUMAR DHRUW v. STATE OF CHHATTISGARH

WPC/4278/2025 · 2025-08-11

Shri Arvind Kumar Verma

Transfer Petitionbody2025

Judgment text

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1 2025:CGHC:40510 HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4278 of 2025 1 - Pawan Kumar Dhruw S/o Shri Mahettar Ram Dhruw Aged About 51 Years R/o Village Paraswara, Tahsil - Lormi, District - Mungeli (C.G.) 2 - Smt. Savita Dhruw W/o Pawan Kumar Dhruw, Aged About 49 Years Present R/o Village Bargan, Post - Junapara, Tahsil - Takhatpur, District - Mungeli (C.G.) 3 - Kaushal Kumar Dhruw S/o Shri Mahettar Ram Dhruw, Aged About 38 Years R/o Village Paraswara, Tahsil - Lormi, District - Mungeli (C.G.) ... Petitioners versus 1 - State Of Chhattisgarh Through - Collector, Mungeli, Distt. Mungeli (C.G.) 2 - Commissioner, Division Bilaspur, Distt. Bilaspur (C.G.) 3 - The Sub Divisional Officer (Revenue), Lormi, District Mungeli (C.G.) 4 - The Tahsildar Lormi, Distt. Mungeli (C.G.) 5 - The Divisional Forest Officer, Mungeli, District Mungeli (C.G.) 6 - The Deputy Divisional Forest Officer, Sub Division Lormi, Distt. Mungeli (C.G.) ... Respondents For Petitioners : Mr. Mirza Hafeez Baig, Advocate For Respondents-State : Mrs. Akanksha Verma Dabadhker, Panel lawyer Hon’ble Shri Justice Arvind Kumar Verma Order on Board 12.08.2025 1. The present writ petition is filed under Article 226 of the Constitution of India by the petitioner seeking following reliefs:- “a. That, the Hon’ble Court may kindly be pleased to call for all the concern records and further may kindly be pleased to direct respondent revenue authorities with all above revenue 2 proceedings with regard to the lands of government patta of the petitioners in the interest of justice. b. That, this Hon’ble Court may kindly be pleased to order to the respondent no. 5 and 6 not to interfere and plant the trees on the patta lands of the petitioners till completion of the above revenue procedure with regard to the patta lands. c. that, this Hon’ble Court may kindly be pleased to provide any other relief to the petitioners deemed fit on the fact and circumstances of the instant case may also be granted. ” 2. Learned counsel appearing for the petitioners would submit that the petitioners are the recorded owner of the land in question situated at Village Paraswara, Tahsil Lormi, District Mungeli, Chhattisgarh from the year 1997. The petitioners have submitted an application for demarcation of the land with all relevant documents before the Respondent authorities but till date, it has not been decided by the Respondents Authorities. The respondents have tried plantation of trees over the subject land of the petitioners which is illegal, therefore, it is prayed that this petition may be disposed of with a direction to concerned respondent no. 5 and 6 to decide the application for demarcation submitted by the petitioners expeditiously and a time limit may also be fixed for the aforementioned purpose. It if further submitted by the learned Counsel that till deciding the application for demarcation, respondents may be directed not to plant trees over the subject land of the petitioners. 3. On the other hand, learned counsel for the respondent-State opposed the relief sought by counsel for petitioners. 4. I have heard learned counsel for the respective parties, perused 3 the document available with utmost circumspection. 5. Looking to the above facts and circumstances of the case, the instant petition is disposed of at admission stage itself directing respondent no. 5 and 6 to decide the application for demarcation submitted by the petitioners in accordance with law preferably within three months from the date of receipt of copy of this order after providing proper opportunity of hearing to the petitioners. It is also directed that till the time, the application for demarcation is not decided, no plantation shall take place by the respondents on the subject land of the petitioners. Certified copy as per rules. sd/- alfiza (Arvind Kumar Verma) JUDGE