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2025 DAILYLAW 38117 (CHH)

LOKNATH NAYAK v. THE STATE OF CHHATTISGARH

WPC/4193/2025 · 2025-08-05

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:38997 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 4193 of 2025 Loknath Nayak S/o Shri Jagdish Nayak Aged About 73 Years R/o Village Runjhuni, Thana- Rajadeori, Tahsil- Sonakhan, Distt.- Balodabazar-Bhatapara C.G. ... Petitioner(s) versus 1 - The State Of Chhattisgarh Through The Secretary, Department Of Food, Civil Supply And Consumer Protection, Mantralaya Mahanadi Bhawan, Capital Complex New Raipur, Distt.- Raipur C.G. 2 - Collector Balodabazar, Distt.- Balodabazar-Bhatapara C.G. 3 - Sub Divisional Officer (R), Kasdol, Distt.- Balodabazar-Bhatapara C.G. 4 - Tahsildar Sonakhan, Distt.- Balodabazar-Bhatapara C.G. 5 - Prathmik Krishi Sakh Sahakari Samiti Maryadit Golajhar Registration No. 199, Paddy Procurement Center Chadan, Through Prescribed Officer, Thana- Rajadeori, Tahsil- Sonakhan, Distt.- Balodabazar-Bhatapara C.G. 6 - Pitambar Nayak S/o Shri Jagdish Nayak Aged About 87 Years R/o Village Runjhuni, Thana- Rajadeori, Tahsil- Sonakhan, Distt.- Balodabazar-Bhatapara C.G. ---- Respondents For Petitioner : Mr. Sunil Sahu, Advocate For State : Mr. Rishabh Bisen, PL 2 Hon'ble Shri Justice Arvind Kumar Verma Order on Board 06/08/2025 1. By way of this petition, petitioner sought following relief(s) : “10.1 That this Hon'ble Court may kindly be pleased to issue an appropriate writ commanding and directing the respondents authority to include the Khasra No 29 area 4.1480 Hectare in the registration of petitioner in his Kisan Code No. TF5224102427273 and allow the petitioner for sell the paddy crops in the society on the Support price (Samarthan Mulya) as per policy. 10.2 That the respondent No. 2 to 4 may kindly be directed to consider and decide the representation of the petitioner which relates to registration of his share agriculture land in his name in the kisan Code. 10.3 That the respondents authority may kindly be directed to consider the Case of the petitioner regarding purchase of paddy as per the norms and guidelines of the State Govt. Policy for the year 2025-26. 10.4 Any other /relief order that may be deemed fit and just in the facts and circumstances of the case including awarding of the heavy cast of the petition.” 2. Learned counsel for the petitioner contended that Petitioner has not challenge any particular order by this petition he is aggrieved by the in action on the part of the respondents authority who have not allowed the petitioner to sell the paddy cultivated by the petitioner in his own share of land on the basis of objection raised by the respondent No. 6 who is the Numberdar of the land though the family partition has been taken place and all the share holders were in possession of their share 3 the registration in the name of petitioner is made, the Patwari pretivedan and Girdawali report is in his favor, token for purchase of paddy is issued for 05.12.2023 and all of sudden without any notice to the petitioner his registration has been cancelled/ stayed 04.12.2023 and side by side allowed the respondent no. 6 to sell the paddy in his share. It is respectfully submitted that petitioner has grown the paddy crops in 4.148 Hectare land which is 10.37 Acre and as per the Govt. Scheme his 217 quintal paddy is to be purchase by the Govt under the Scheme of the State Govt. but the petitioner paddy is lying in his house and he is not in a position to sold the same therefore the petitioner approach the doors of this Hon'ble court to get the justice in the matter. 3. Learned State counsel contended that the concerned authority is ready to consider and decide the representation/application made by the petitioner as per law. 4. I have heard learned counsel for the parties and perused the documents with utmost circumspection. 5. Considering the facts of the case and submission made by counsel for the respective parties, this writ petition is disposed of directing to respondent No.2 – Collector Balodabazar, District Balodabazar Bhatapara (C.G.) to forward the Annexure P/1 before the respondent No.4 – Tahsildar, Sonakhan, District Balodabazar – Bhatapara (C.G.) and in-turn respondent No.4 shall consider and decide the same as expeditiously as possible, in accordance with rules, regulations and law 4 after providing proper opportunity of hearing to all the concerned affected parties. 6. It is made clear that this Court has not expressed any opinion on the merits of the case. 7. With the aforesaid direction, this petition stands disposed of. Sd/- (Arvind Kumar Verma) Judge Vasant