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2025 DAILYLAW 48159 (CHH)

ARUNA BAGHEL v. STATE OF CHHATTISGARH

WPC/5869/2025 · 2025-11-06

Shri Parth Prateem Sahu

body2025

Judgment text

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1 / 3 2025:CGHC:54431 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5869 of 2025 1 - Aruna Baghel D/o Late Shri Pratap Singh Rana Aged About 66 Years Residence Of Chandani Chowk Ward No. 10, Behind Girls Middle School, P.S. And Tahsil- Marwahi District- Gourela-Pendra-Marwahi C.G. (Wrongly Mentioned As Arun Baghel) 2 - Pradeep Singh Rana S/o Late Shri Pratap Singh Rana Aged About 60 Years R/o Near Arogya Hospital, Behind Church, Ward No. 6, P.S. And Tahsil- Marwahi District- Gourela-Pendra-Marwahi C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Revenue And Disaster Managemenet Department, Mahanadi Bhawan, Nawa Raipur, Atal Nagar District Raipur C.G. 2 - The Commissioner, Bilaspur Division District Bilaspur C.G. 3 - The Collector, District Gourela-Pendra-Marwahi C.G. 4 - The Sub Divisional Officer (Revenue) Pendra-Road, District Gourela- Pendra-Marwahi C.G. 5 - The Tahsildar Marwahi, District Gourela-Pendra-Marwahi C.G. ... Respondent(s) Digitally signed by PRAVEEN KUMAR SINHA Date: 2025.11.07 17:42:47 +0530 2 / 3 For Petitioners : Mr. Santosh Kumar Pandey, Advocate For State/Respondents : Mr. Satish Gupta, Govt. Advocate SB: Hon'ble Shri Parth Prateem Sahu, Judge Order on Board 07/11/2025 1. This writ petition has been filed by the petitioners seeking following relief(s):- “10.1. The Hon'ble Court may kindly be pleased to call for the record pertaining to the case of petitioners. 10.2 The Hon'ble Court may kindly be pleased to quash the notice dated 14.10.2025 (Annexure P- 8) issued by the office of respondent no. 5. 10.3 The Hon'ble Court may kindly be pleased to direct the respondents to do not interfere the possession of the petitioners in the land bearing khasra no. part of 628/2 area about 0.12 acre (0.049 hectare), situated at village Marwahi District - Gourela - Pendra - Marwahi (CG) which is only house of their livelihood in which they are residing in their family. 10.4 That, the Hon'ble Court may kindly be pleased to grant any other relevant relief, as if may deem fit and appropriate. 10.5 Cost of the petition may also be given. ” 2. Learned counsel for the petitioners submits that petitioners are in possession of land bearing kh. no.628/2 admeasuring 0.049 hectare however, Tahsildar has issued notice to petitioners for eviction from the land bearing Kh. No.623/1 and 632/2 . Petitioners are not in possession of land bearing khasra numbers as mentioned in the impugned notice Annexure P-8 and therefore notice for eviction is 3 / 3 defective. 3. Learned counsel for the State submits that pursuant to observation made by this Court, he sought instructions from the concerned Tahsildar and according to his instructions, due to typographical error, land bearing kh. No. 623/1 and 632/2 is mentioned in the order sheet of Board of Revenue and, therefore, said khasra numbers are also forming part of notice. 4. In view of submissions of learned counsel for the respective parties and further considering the undisputed fact that petitioners are in possession of land bearing kh. No.628 /2, in the opinion of this Court, impugned notice Annexure P-8 is not sustainable in law being defective one. 5. Accordingly, impugned notice Annexure P-8 is hereby quashed. 6. Writ petition is accordingly allowed. Sd/- Sd/- (Parth Prateem Sahu) Judge Praveen