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2025 DAILYLAW 4892 (CHH)

MANHARAN GIR v. STATE OF CHHATTISGARH

WPC/431/2025 · 2025-01-22

Shri Bibhu Datta Guru

body2025

Judgment text

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1 / 4 2025:CGHC:3811 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 431 of 2025 1 - Manharan Gir S/o Dev Gir Aged About 45 Years Caste Goswami, R/o Village Chhindbhog, Tahsil- Pathariya, District Mungeli, Chhattisgarh. 2 - Kanshi Gir S/o Dev Gir Aged About 48 Years Caste Goswami, R/o Village Chhindbhog, Tahsil- Pathariya, District Mungeli, Chhattisgarh. 3 - Samunda Wd/o Dev Gir Aged About 65 Years Caste Goswami, R/o Village Chhindbhog, Tahsil- Pathariya, District Mungeli, Chhattisgarh. ... Petitioners versus 1 - State Of Chhattisgarh Through Collector, Mungeli, Chhattisgarh. 2 - Sub Divisional Officer (Revenue) Pathariya, District : Mungeli, Chhattisgarh 3 – Tahsildar, Pathariya, District : Mungeli, Chhattisgarh 4 - Halka Patwari P.H.N. 21, Tahsil Pathariya, District : Mungeli, Chhattisgarh 2 / 4 5 - Sarpanch Gram Panchayat, Chhindbhhog, Village Chhindbhhog, Tahsil Pathariya, District : Mungeli, Chhattisgarh 6 – Secretary, Gram Panchayat Chhindbhhog, Village Chhindbhhog, Tahsil Pathariya, District : Mungeli, Chhattisgarh 7 - Ashish S/o Ram Khilawan Aged About 45 Years Caste Kewat, R/o Village Chhindbhhog, Tahsil Pathariya, District : Mungeli, Chhattisgarh 8 - Agar Bai W/o Ramkhilavan Aged About 65 Years Caste Kewat, R/o Village Chhindbhhog, Tahsil Pathariya, District : Mungeli, Chhattisgarh 9 - Sitaram S/o Gangu Aged About 55 Years Caste Kewat, R/o Village Chhindbhhog, Tahsil Pathariya, District : Mungeli, Chhattisgarh ... Respondents (Cause title is taken from Case Information System) For Petitioners : Mr. Ankur Diwan, Advocate For Respondents/ State : Ms. Upasana Mehta, Dy. Govt. Advocate (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 22/01/2025 1. By the present writ petition, the petitioners are seeking a direction towards the respondent authorities to consider the applications dated 09/12/2024 and 31/12/2024 (Annexure P/1 & P/2) filed by them for grant of Stay. 2. Learned counsel for the petitioners submits that the petitioners have filed applications before the Collector, Mungeli for cancellation of Patta issued in favour of respondents No.7 to 9 with respect to the land bearing Khasra No.416/3 situated at village Chhindbhog, Patwari Halka No.21, Tahsil Pathariya, 3 / 4 District Mungeli alleging that the Patta has been issued to the father of respondents No.7 to 9 in an illegal manner. The petitioners have submitted the applications before the Collector as well as the concerned SDO raising the grievance that the respondents No.7 to 9 are constructing over the said land although the land in question has been allotted to them in an illegal manner without following the terms and conditions. He would further submit that though the applications were filed before the Collector and SDO but the said applications have been directed to be decided by the Tahsildar/ respondent No.3. Though the Tahsildar is proceeding in the said application for grant of stay but the same is not decided till date. 3. Learned counsel appearing for the State submits that if the application for grant of stay is still pending before the Tahsildar, the same will be considered and decided in accordance with law within the stipulated period. 4. I have heard learned counsel for the parties and perused the documents and the proceedings of the Tahsildar starting from 11/12/2024. 5. Perusal of the proceedings would show that there is no final order has been passed by the respondent No.3/ Tahsildar Pathariya, Mungeli on the stay application filed by the petitioners. 6. As the report which was called from the Patwari has already been placed in the said proceeding, the respondent No.3/ Tahsildar is directed to consider and decide the application for grant of stay 4 / 4 filed by the petitioners within a period of 15 days from the date of receipt of a copy of this order in accordance with law. 7. With the aforesaid direction, this writ petition is disposed of. Sd/- (BIBHU DATTA GURU) JUDGE $. Bhilwar