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2025 DAILYLAW 43069 (CHH)

JEEVAN LAL VERMA v. THE STATE OF CHHATTISGARH

WPC/4811/2025 · 2025-09-11

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:46711 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4811 of 2025 1 - Jeevan Lal Verma S/o Ishwari Lal Verma Aged About 52 Years Residing At 174, New Adarsh Nagar, Street- 07, Zone- 03, Ward No. 52, Durg, Tahisl And District Durg C.G. 491001. 2 - Meena Verma W/o Jeevan Lal Verma Aged About 45 Years Residing At 174, New Adarsh Nagar, Street- 07, Zone- 03, Ward No. 52, Durg, Tahisl And District Durg C.G. 491001. 3 - Harsh Verma S/o Jeevan Lal Verma Aged About 21 Years Residing At 174, New Adarsh Nagar, Street- 07, Zone- 03, Ward No. 52, Durg, Tahisl And District Durg C.G. 491001. ... Petitioner(s) versus 1 - The State Of Chhattisgarh Through Secretary, Department Of Revenue And Disaster Management Mantralaya, Mahanadi Bhawan, New Raipur, Atal Nagar, District Raipur C.G. 492002. 2 - The Collector-Durg, District Durg C.G. 3 - The Tahsildar- Durg, Tahsil And District Durg C.G. ----Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Anurag Tripathi, Advocate For Respondent-State : Mr. Ajit Singh, G.A. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 12/09/2025 1. With the consent of the parties the matter is heard finally. 2. The present writ petition has been filed by the petitioner seeking following relief:- Digitally signed by JYOTI JHA Date: 2025.09.15 10:55:00 +0530 2 10.1 That this Hon’ble Court may kindly be pleased to call for the entire records in respect of the present case. 10.2 That this Hon’ble Court may kindly be pleased to issue an appropriate writ, order or direction quashing the impugned arbitrary and non-speaking order dated 02.06.2025; 10.3 That this Hon’ble Court may kindly be pleased to issue an appropriate writ, order or direction to the respondent authorities to mutate the name of the petitioner on the basis of sale deed in accordance with law; 10.4 That this Hon’ble Court may kindly be pleased to pass any other order(s) or direction (s) as this Hon’ble Court may deem fit and proper in the interest of justice, equity and good conscience; 3. Learned counsel for the petitioner submits that the the Petitioners JEEVAN LAL VERMA and 2 others have purchased land bearing Khasra No. 1645/1, area 0.540 hectares, situated at Village Chandkhuri, Patwari Halka No. 37, R.I. Circle Anda, Tahsil & District - Durg (C.G.) by way of a duly registered Sale Deed dated 19.02.2025 (Document No. CG-2024-25-112-1-5525) executed by the recorded landowner Smt. Ratna Pandey. The total sale consideration of 31,00,000/- was paid through banking channels. The Petitioners purchased land bearing Khasra No. 1645/5, total area 0.240 hectares out of which 9150 Sq.Ft. 850.37 Sq.Mt. 0.0850 hectares, situated at Village Chandkhuri, Patwari Halka No. 37, R.I. Circle - Anda, Tahsil & District - Durg (C.G.) by way of a duly registered Sale Deed dated 19.02.2025 (Document No. CG-2024-25-112-1-5524) executed by the recorded landowner Premchand S/o Guharam. The total sale consideration of ₹12,64,000/- was paid through banking channels. After purchase, possession was handed over to the Petitioners and they are cultivating the said land. 3 4. Learned counsel for the petitioner submits that the petitioner is aggrieved by the order passed in automatic application/intimation sent on registration of the sale deed; the petitioners thereafter applied online for mutation in their names. However, vide order dated 02.06.2025, the said application was rejected on the ground that the land falls within the affected area of Kharsiya-Naya Raipur-Pramalkasa New Railway Line Project, and that by Collector's Order dated 11.04.2025 mutation/partition/transfer/sale had been put under temporary restriction. The Petitioners respectfully submit that their purchase was made prior to the notification/decision dated 11.04.2025, and hence their rights as bona fide purchasers for value without notice cannot be defeated by a subsequent administrative restriction. 5. Lastly learned counsel for the petitioner submits that the Petitioners aggrieved by the above arbitrary order/action/inaction of the respondent authorities have submitted representations (Annexure P/5 & P/6) before the Respondent No.1 & 2 seeking review/correction of the order and effecting mutation in their favour. However, till date, no decision has been taken. Therefore, learned counsel for the petitioner prays for a direction to decide his representations dated 01.09.2025 (Annexure P/5) and (Annexure P/6) within a period of 30 days in accordance with the Chattisgarh Lok Seva Guarantee Act, 2011 as amended by Gazette Notifcation dated 28.07.2025. 6. Learned counsel for respondents submits that in view of the limited prayer made by the learned counsel for petitioner seeking direction to respondent-authorities to consider the pending representations dated 01.09.2025, he is having no objection to the limited prayer and pending 4 representations dated 01.09.2025 will be considered in accordance with law. 7. I have heard learned counsel for the parties and perused the material available on record. 8. Considering the facts and circumstances of the case and looking to the grievance raised by the petitioner and looking to the document (Annexure P/7) dated 11.04.2025 instead of keeping this petition pending, I find it appropriate to dispose of the same at this stage directing the respondent No. 2 & 3 to consider/decide the representations of the petitioner (Annexure P-5 & P-6) dated 01.09.2025 in accordance with law/rules/regulations on its own merits as expeditiously as possible preferably within a period of 30 days from the date of receipt of copy of this order according to Chhattisgarh Lok Seva Guarantee Act, 2011 as amended by Gazette Notification dated 28.07.2025. 9. It is made clear that this Court has not expressed anything on the merits of the case. 10. With the aforesaid direction, the writ petition is disposed of. Sd/- (Arvind Kumar Verma) Judge Jyoti