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2025 DAILYLAW 46056 (CHH)

SOURABH CHADRAKAR v. STATE OF CHHATTISGARH

WPC/6484/2024 · 2025-01-06

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:542 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6484 of 2024 1 - Sourabh Chadrakar S/o Late Shiv Kumar Chandrakar Aged About 34 Years R/o House No.242, Chandrakar Residence, Ward No. 46, Amlidih, Raipur District Raipur Chhattisgarh 2 - Ram Kishor Chandrakar S/o Jhamman Lal Chandrakar Aged About 66 Years R/o Chandrakar Residency Near Water Tank Amlidih Raipur, District Raipur Chhattisgarh 3 - Yogiraj Chandrakar S/o Jhamman Lal Chandrakar Aged About 76 Years R/o Ward No. 46, Chandrakar Residency Nea Water Tank, Amlidih, Raipur, District Raipur Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Represented Through Additional Secretary, Department Of Revenue And Disaster Management, Mahanadi Bhawan, Mantralay Atal Nagar, Naya Raipur District Raipur Chhattisgarh 2 - Nayab Tahsildar District Raipur Chhattisgarh 3 - Joint Director Town And Coutry Planning, Raipur District Raipur, Chhattisgarh SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.01.06 23:22:18 +0530 2 4 - Municipal Corporation Raipur Through Commissioner Raipur, District Raipur, Chhattiagarh 5 - Forest Conservator OfÏcer, Raipur, Forest Range, Raipur, District Raipur Chhattisgarh 6 - Rama Buildcon Represented, Though Its Partner Rajesh Agrawal, S/o Late Ramchand Agrawal, R/o Tehsil And District Raipur Chhattisgarh ... Respondent(s) CAUSE TITLE TAKEN FROM CIS PERIPHERY For Petitioner(s) : Shri Himanshu Pandey, Advocate. For Respondent/State: Shri Santosh Bharat, Panel Lawyer. For Respondent No. 4: Shri Pankaj Agrawal, Advocate. Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 06.01.2025 1. By the present writ petition, the petitioner is questioning the order dated 28.06.2024 passed in favour of Respondent no. 6, by which the land in question allotted to the respondent no. 6 by order dated 28.06.2024, the petitioner is also seeking a direction towards the respondent No. 1 & 2 to consider the application under Section 167 of The Chhattisgarh Land Revenue Code 1959 (CGLRC) filed by the petitioner before the respondent no. 1 & 2. 2. Learned counsel for the petitioner submits that during the pendency of the writ petition, on 17.12.2024, the allotment order dated 28.06.2024 has been withdrawn by the respondent as the petitioner has raised an objection to the allotment of the land in question to the respondent No. 6, however the application under Section 167 of CGLRC is still pending. Presently the petitioner is only praying for a 3 limited relief that his pending application under Section 167 of CGLRC be decided within a stipulated period by the respondent no. 1. 3. Learned State counsel has no objection to the contention raised by the petitioner. 4. I have heard the parties and perused the record. 5. It appears from the order dated 17.12.2024, which has been placed by the petitioner by a covering memo dated 04.01.2025, from which it appears that the allotment order which is under challenge in the writ petition dated 28.06.2024 has already been withdrawn by the State, however the application of the petitioner under Section 167 of CGLRC is pending before the respondent No. 1. If the application is still pending the respondent No. 1 is directed to consider the application under Section 167 of CGLRC in accordance with law within a period of 50 days from today. 6. With the aforesaid observation and direction, the writ petition is disposed off. Sd/- (Bibhu Datta Guru) Judge Shoaib