1 / 5 2025:CGHC:43232 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4578 of 2025 1 - Arjun Dakai S/o Late Girish Dakai Aged About 57 Years R/o Village- Krishna Nagar (Kervasila), P.S. And Tahsil- Ramanujganj, District- Balrampur- Ramanujganj (C.G.) 2 - Ganpati Dakai S/o Late Girish Dakai Aged About 40 Years R/o Village- Krishna Nagar (Kervasila), P.S. And Tahsil- Ramanujganj, District- Balrampur- Ramanujganj (C.G.) 3 - Deepali D/o Late Girish Dakai Aged About 43 Years R/o Village- Krishna Nagar (Kervasila), P.S. And Tahsil- Ramanujganj, District- Balrampur- Ramanujganj (C.G.) ... Petitioners versus 1 – State of Chhattisgarh Through Secretary, Department of Revenue and Disaster Management, Mahanadi Bhawan Nawa Raipur, District- Raipur (C.G.) 2 - Commissioner Surguja Division, Division, District- Balrampur- Ramanujganj (C.G.) 3 - Collector District- Balrampur-Ramanujganj (C.G.) 4 - Sub Divisional Officer Ramanujganj Sub Division, District- Balrampur- Ramanujganj (C.G.) 5 - Tehsildar Tehsil- Ramanujganj, District- Balrampur-Ramanujganj (C.G.) ... Respondents ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.08.29 17:45:30 +0530 2 / 5 For Petitioners : Mr. Kishore Narayan, Advocate For State : Ms. Upasana Mehta, Dy. GA (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 26/08/2025 1. This is the third round of litigation and by way of the instant writ petition the petitioner has prayed for the following reliefs:- 10.1 That the Hon’ble Court may kindly be pleased to issue a writ of mandamus or any other appropriate writ quashing and set aside order dated 01.01.2025, in the interest of justice. 10.2 That, the Hon’ble Court may kindly be pleased to issue a writ of mandamus or any other appropriate writ declaring that the petitioner is a deemed bhumiswami and as a corollary, directing the respondent to declare the petitioner a bhumiswami under section 158 of CGLRC. 10.3 That, the Hon’ble Court may kindly be pleased to issue a writ of mandamus or any other appropriate writ declaring the act of the respondent in interfering with the possession of the petitioner’s land and damaging his crops is an illegal act and further directing that exemplary compensation be granted in favour of the petitioner for violation of his fundamental rights of life, livelihood and occupation guaranteed under article 21, 19(1)(g) and the constitutional right to property under article 300-A of the Constitution of India, in the form of public law remedy. 10.4 That, the Hon’ble Court may kindly be pleased to pass any other order considering the special facts and 3 / 5 circumstances of this case. 2. Learned counsel for the petitioners would contend that the petitioners have been in possession of the subject land since 1975 and the subject land was allotted to the father of the petitioners in process of rehabilitation and resettlement of Bengali migrants who migrated from East Pakistan/Bangaldesh. He would next contend that the petitioner is cultivating different crops and have built a house on the land in question and reside there. He would lastly contend that there are likelihood of demolition of the house of the petitioner for the purpose of constructing fish seed hatchery on the land which is in petitioner’s possession. 3. Per contra, learned State counsel would contend that this is the third round of litigation and earlier the petitioner has filed the two writ petitions for the similar relief, therefore, this writ petition is not maintainable. 4. I have heard learned counsel for the parties at length and perused the documents with utmost circumspection. 5. Perusal of the documents show that earlier also the petitioners have filed the two writ petitions bearing one WPC No.2216/2025 for seeking a direction to the respondent authorities to decide his application for grant of patta and this Court has disposed of the said writ petition with the following observation:- 5. Considering the facts and circumstances of the case, the concerned authority is directed to 4 / 5 decide the representation for grant of patta filed by the petitioners way back on 06.03.2025 in accordance with law. 6. With this observation, the writ petition is disposed of. 6. Thereafter, another writ petition bearing WPC No.3097/2025 challenging the notice dated 01/01/2025 was filed wherein a liberty was prayed for to file the appropriate application/representation before the Collector for grant of Patta which too was disposed of and this Court has made the following observations:- 6. Considering the limited prayer made by learned counsel for the petitioners, the petitioners are given liberty to make appropriate application/representation before the Collector for grant of Patta within a period of 15 days from the date of receipt of the copy of this order and on such application /representation being filed, the same shall be decided in accordance with law/rule/regulation. It is directed that for a period of 15 days from today, no coercive steps shall be taken against the petitioner. 7. With the aforesaid observation, the instant writ petition stands disposed of. 7. This is the third round of litigation. Since the proceedings under Section 44 (1) of the CGLRC are pending before the revenue authorities, therefore, there is no good ground to entertain this writ petition. 8. Accordingly, the instant writ petition is dismissed. However, it is directed that the concerned SDO shall decide the application under Section 44 (1) of the CGLRC within a period of 45 days from the date of receipt of copy of this order. 5 / 5 9. It is made clear that this Court has not expressed any opinion on the merits of the case and the respondent authorities shall proceed in accordance with law. SD/- SD/- (Arvind Kumar Verma) JUDGE ashu