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2025 DAILYLAW 49228 (CHH)

SATYADEV PANDEY v. STATE OF CHHATTISGARH

WPC/2771/2025 · 2025-10-29

Shri Parth Prateem Sahu

body2025

Judgment text

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-1- 2025:CGHC:52953 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2771 of 2025 Satyadev Pandey S/o Late Laxman Prasad Pandey Aged About 45 Years R/o Village- Panda Paraswani, Tehsil - Arang, District- Raipur, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary (Revenue), Government Of Chhattisgarh, Raipur, Chhattisgarh. 2 - Additional Collector District- Raipur, Chhattisgarh. 3 - Tehsildar Arang, District- Raipur, Chhattisgarh. 4 - Naib Tehsildar Samoda (Arang), District- Raipur, Chhattisgarh. 5 - Revenue Inspector Bhainsa, Uptehsil - Samoda (Arang), District- Raipur, Chhattisgarh. 6 - Pawan Kumar Pandey S/o Late Prahalad Pandey R/o Village- Paraswani (Panda), Tehsil - Arang, District- Raipur, Chhattisgarh. 7 - Mahesh Kumar S/o Late Laxman Prasad R/o Village- Paraswani Panda, Tehsil - Arang, District- Raipur, Chhattisgarh. ... Respondent(s) ) __________________________________________________________ For Petitioner (s) : Mr. Ashish Mittal, Advocate For State/Resp. No. 1 to 5 : Ms. Upasana Mehta, Dy. Govt. Advocate For Resp. No. 6 & 7 : Mr. Suryapratap Yuddhveer Singh, Advocate _______________________________________________________ S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order On Board Digitally signed by PRAVEEN KUMAR SINHA Date: 2025.11.01 11:01:28 +0530 -2- 30/10/2025 1. This writ petition is filed by the petitioner seeking following reliefs: “10.1 That, this Hon'ble Court may kindly be pleased to pass any appropriate writ, order or direction and direct the Respondents to decide the Application as Revenue Case No. 202407112600051 of the Petitioner u/s 250 of the dated 01.07.2024 Land Revenue Code, 1959 for giving the possession of agricultural land Khasra No. 119 (Rakba 5.47 hectare) and Khasra No. 122 (Rakba 0.07 hectare) Patwari Halka No. 07 in Village Panda Paraswani, Tehsil Arang, District - Raipur, Chhattisgarh to the Petitioner. 10.2 That, this Hon'ble Court may kindly be pleased to pass any appropriate writ, order or direction and direct the Respondents to ensure the peaceful enjoyment of possession and the Right to Property of the Petitioner in the said agricultural land Khasra No. 119 (Rakba 5.47 hectare) and Khasra No. 122 (Rakba 0.07 hectare) Patwari Halka No. 07 in Village Panda Paraswani, Tehsil Arang, District Raipur, Chhattisgarh. 10.3 Pass any other or further order(s) which this Hon'ble Court may deem fit.” 2. Learned counsel for the State pointed out from the pleadings made in the writ petition as also relief clause, that petitioner has already moved an application under Section 250 of the Chhattisgarh Land Revenue Code, 1959 (for short “Code of 1959”) for his reinstatement over the land subject matter of writ petition which is still pending consideration. He submits that in view of limited relief as prayed for by the petitioner in the writ petition, this writ petition can be disposed off at this stage -3- directing respondent No.4 to take decision on the pending application under Section 250 of the Code of 1959 if not already decided. 3. Learned counsel for the petitioner do not dispute the submission of learned counsel for the State with respect to pleadings made in the writ petition as also relief sought. He contended that land of the petitioner was encroached upon by private respondents which was detected in the demarcation proceedings and only thereafter proceedings under Section 250 of the Land Revenue Code is filed by petitioner and according to order sheet as enclosed along with covering memo, it is apparent that it is still at the stage of filing of reply to application under Section 250 of the Land Revenue Code. 4. Considered the submissions of learned counsel for the parties. 5. Taking note of the pleadings made in the writ petition and the relief as sought for by the petitioner in para 10.1 seeking a direction to respondent authority to decide pending proceedings filed under Section 250 of the Code of 1959, this writ petition is disposed off directing respondent No.4 to decide the pending application filed by the petitioner under Section 250 of the Code of 1959, if already not decided, following due process of law, expeditiously, preferably within a period of 8 months from the date of receipt of copy of this order. /- Sd/- Sd/- (Parth Prateem Sahu) Judge Praveen