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2025 DAILYLAW 38915 (CHH)

SHYAMLAL PATEL v. STATE OF CHHATTISGARH

WPC/4196/2025 · 2025-08-06

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:39356 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4196 of 2025 Shyamlal Patel S/o. Dujram Patel, Aged About 70 Years Caste- Aghariya, R/o Village- Mura, Tahsil Kharsiya, District Raigarh (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue And Disaster Management, Mantralaya, Naya Raipur, Tahsil And District Raipur (C.G.) 2 - The Collector, Raigarh, Tahsil And District Raigarh (C.G.) 3 - The Sub Divisional Officer (R) Kharsiya, District Raigarh (C.G.) 4 - The Tahsildar, Tahsil Kharsia, District Raigarh (C.G.) 5 - Nandau S/o. Mayadhar, Aged About 55 Years Caste Aghariya, R/o. Village Mura, Tahsil Kharsiya, District Raigarh (Chhattisgarh) 6 - Chainsingh S/o. Mayadhar, Aged About 53 Years Caste Aghariya, R/o. Village Mura, Tahsil Kharsiya, District Raigarh (Chhattisgarh) --- Respondent(s) ---------------------------------------------------------------------------------------- For Petitioner : Mr. Abhishek Saraf, Advocate For Respondent-State : Mr. Rishabh Bisen, PL --------------------------------------------------------------------------------------- Hon'ble Shri Arvind Kumar Verma, Judge Order on Board 07.08.2025 2 1. By way of this petition, petitioner is seeking following relief(s): “10.1 That, the Hon'ble Court may kindly be pleased to direct the respondent's authority in the compliance of the order dated 22-07-2022 passed by Respondent No.3/SDO, get the possession returned to the petitioner over the land in question by dispossessing the respondents no.5 and 6 herein forthwith or within stipulated time period. 10.2 That, the Hon'ble Court may kindly direct the respondent's authorities to decide the petitioner representation and within stipulated time period. 10.3 Any other relief which this Hon'ble Court may deem fit and proper in favour of the petitioner may kindly be passed.” 2. Learned counsel for the petitioner submits that the limited grievance of the petitioner is that the petitioner as already given representation to the Respondent no.2/Collector for compliance of the order of dispossession passed by the learned SDO, but till the date no action is being taken by the respondents authority for compliance of the said order of dispossession. hence the instant petition. 3. Learned counsel for the State has contended that if the petitioner file a fresh representation, the concerned authorities shall consider and decide the same, in accordance with law. 4. I have heard learned counsel for the respective parties at length and perused the record with utmost circumspection. 5. Considering the facts of the case and submission made by learned 3 counsel for the parties, at this stage, the instant petition is disposed of by permitting to the petitioner to file a fresh representation before respondents No.3 & 4 within ‘15 days’ from today in in-turn respondents No.3 & 4 shall consider and decide the same expeditiously as early as possible after giving opportunity of hearing to all the concerned parties subject to verification of the fact that whether any appeal has been preferred by the respondent or not. 6. With the aforesaid direction, the instant petition stands disposed of. Sd/- (Arvind Kumar Verma) JUDGE Vasant