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2025 DAILYLAW 39029 (CHH)

DHANKUWAR v. STATE OF CHHATTISGARH

WPC/4437/2025 · 2025-08-19

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:41992 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4437 of 2025 1 - Dhankuwar W/o Late Ramlal Aged About 70 Years R/o Village- Loharkot, Tehsil- Pithora, District- Mahasamundh, Chhattisgarh 2 - Geeta D/o Ramlal Aged About 45 Years R/o Village- Loharkot, Tehsil- Pithora District- Mahasamundh, Chhattisgarh 3 - Seeta D/o Ramlal Aged About 40 Years R/o Village- Loharkot, Tehsil- Pithora District- Mahasamundh, Chhattisgarh 4 - Narmada D/o Ramlal Aged About 45 Years R/o Village- Loharkot, Tehsil- Pithora District- Mahasamundh, Chhattisgarh 5 - Sunita D/o Ramlal Aged About 45 Years R/o Village- Loharkot, Tehsil- Pithora District- Mahasamundh, Chhattisgarh 6 - Manita D/o Ramlal Aged About 45 Years R/o Village- Loharkot, Tehsil- Pithora District- Mahasamundh, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through It Secretary, Revenue And Disaster Management, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 2 - Collector Mahasamundh, District Mahasamundh (C.G) 3 - Tehsildar Pithora, Tehsil- Pithora, District Mahasamundh (C.G.) 4 - Sumitra W/o Late Deepak Aged About 32 Years R/o Village- Loharkot, Tehsil- Pithora District- Mahasamundh, Chhattisgarh 5 - Kavya S/o Late Deepak Aged About 19 Years Village- Loharkot, Tehsil- Pithora District- Mahasamundh, Chhattisgarh 6 - Divya S/o Late Deepak Aged About 16 Years Through Its Guardian Mother Resp. 4 Village- Loharkot, Tehsil- Pithora District- Mahasamundh, Chhattisgarh ----Respondents For Petitioner : Mr. Rishabh Bisen, Advocate For Respondent-State : Ms. Nupur Trivedi, P.L. Digitally signed by JYOTI JHA Date: 2025.08.23 12:38:09 +0530 2 Hon’ble Shri Arvind Kumar Verma, Judge Order on Board 20/08/2025 1. By way of present writ petition, the petitioner is Challenging the Inaction of Respondent No. 2, Collector:- Mahasamund and Respondent No. 3 Tehsildar: Pithora, District: Mahasamund, whereby, the petitioners has moved an application under section 250 of the C.G land revenue code before respondent No. 3, for taking possession of their land which was occupied illegally by the private respondent number4 and 5, but the tehsildar has stated that he has not having jurisdiction to take this application under section 250 of the C.G land revenue code against which the petitioners has moved an application/complain before the collector on 01.07.2025, complaining that the tehsildar is not taking their application because of which the petitioners are not able to avail themselves for cropping of this season 2025, because their daughter in law and Grand Son of Petitioner No. 1 Private Respondent No. 4 and 5 has completely occupied the land bearing Khasra number 470 and 529 area about 0.67 and 0.11 hectare, located at Village :- Loharkot (Patwari Halka No. 00008), in which the petitioners were also having legal right to farm the land as per the order of tehsildar dated 11.04.2025, hence this petition filed by the petitioner. 2. Learned counsel for respondents that with regard to the grievance of the petitioner, there is an alternative remedy is available to petitioner to file application under Section 178 of CG Land Revenue Code 1959. 3. I have heard learned counsel for the parties and perused the material available on record. 3 4. Considering the submission of the respondents and considering the facts and circumstances of the case, this Court is of the opinion that there is an alternative remedy is available to the petitioner under Section 178 of the CG Land Revenue Code 1959. Accordingly, the present writ petition stands disposed of. 5. However, the petitioner is at liberty to file appropriate petition as and when new cause of action arises. 6. It is made clear that this Court has not expressed anything on the merits of the case. Sd/- (Arvind Kumar Verma) Judge Jyoti