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2025 DAILYLAW 52615 (CHH)

AKIL MIRDHA v. STATE OF CHHATTISGARH

WPC/5720/2025 · 2025-11-03

Shri Parth Prateem Sahu

body2025

Judgment text

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1 / 3 2025:CGHC:53749 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5720 of 2025 1. Akil Mirdha S/o Ghurau Mirdha Aged About 46 Years R/o Village Aiktal, Tehsil - Pusour, District - Raigarh Chhattisgarh Presently R/o Mirddhapada, Uttam, District Bargarh, Odisha 768226 2. Swadhin Mirdha S/o Ghurau Mirdha Aged About 36 Years R/o Village - Aiktal, Tehsil - Pusour, District - Raigarh, Chhattisgarh Presently R/o Mirddhapada, Uttam, District Bargarh, Odisha 768226 3. Tulabati Mirdha D/o Bhuju Mirdha Aged About 67 Years R/o Village - Aiktal, Tehsil - Pusour, District - Raigarh, Chhattisgarh Presently R/o Mirddhapada, Uttam, District Bargarh, Odisha 768226 4. Uttara Naik W/o Gurucharan Naik Aged About 35 Years R/o Village - Aiktal, Tehsil - Pusour, District - Raigarh, Chhattisgarh Presently R/o Banda - Kharmunda, Rujhenmal Tangarpali, Bargarh, Odisha 768032 ... Petitioners versus 1. State Of Chhattisgarh Through Secretary, Revenue Department, Mahanadi Bhawan, Atal Nagar, New Raipur, District Raipur Chhattisgarh 2. The Collector Raigarh, District Raigarh Chhattisgarh 3. The Tahsildar Pusour, District Raigarh Chhattisgarh 4. The Patwari Halka No. 8, Village - Aiktal, Tehsil - Pusour, District Raigarh Chhattisgarh ... Respondents For Petitioners : Mr. Shyon Kar, Advocate For Respondent-State : Mr. Pranjal Shukla, Panel Lawyer Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 04/11/2025 1. Petitioners have filed this writ petition seeking following reliefs:- “10.1 The Hon’ble Court may kindly be pleased to call for the entire records relating with the instant PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA Date: 2025.11.04 16:57:34 +0530 2 / 3 petition. 10.2 The Hon’ble Court may kindly be pleased to direct the Respondents to issue the (Bikri Naksha Certificate) and boundary sketch necessary for execution of the registered sale deed of the subject land, enabling the petitioner to sell their property lawfully. 10.3 The Hon’ble Court may kindly be pleased to pass any other orders/direction that, this Hon’ble Court may deem fit and proper in the facts and circumstances of this case.” 2. Learned counsel for the petitioners submits that petitioners are the recorded owner of the land bearing khasra No. 219/2/Ch. measuring 1.6190 hectare situated at village Aiktaal, Tahsil Pusour, District Raigarh, C.G.. He contended that petitioners have now migrated to Odisha and therefore they are intending to sell their immovable property for which they have moved an application before Respondent No. 3/ Tahsildar on 25.07.2025 for issuance of 22-points certificate, however, it was not supplied. Petitioners aggrieved with the inaction on the part of Respondent No. 3/ Tahsildar have submitted application before Respondent No. 2/ Collector on 29.08.2025. However, till date application submitted by petitioners was not considered and no order in this regard has been passed. Therefore, direction be issued to Respondents No. 2 & 3 to take decision on the application submitted by petitioners and to provide 22-points certificate at the earliest. 3. Learned State counsel submits that in view of the limited prayer made by learned counsel for petitioners that the application submitted by petitioners for grant of 22-points certificate is pending consideration. The application, if any, submitted by petitioners will be considered in accordance with law and appropriate decision will be taken. 4. I have heard learned counsels for the respective parties. 5. Considering the submission of the learned counsel for the parties, nature of grievance raised, in particular the submission made by learned 3 / 3 counsel for petitioners that the application has been submitted by petitioners before Respondent No. 3/ Tahsildar for grant of 22-points certificate on 25.07.2025 and thereafter to Respondent No. 2/ Collector dated 29.08.2025 but till date the said certificate is not issued in their favour, I find it appropriate to dispose of this writ petition at this stage directing Respondents No. 2 & 3 to take decision on the applications submitted by petitioners and to pass appropriate orders on issuance of 22-points certificate for selling of their land recorded in their name. If for any reason the 22-points certificate could not be issued then the concerned authorities shall pass speaking order assigning reasons for non-issuance of 22-points certificate. Let this exercise be done expeditiously preferably within an outer limit of 04 weeks from the date of receipt of copy of this order. 6. With the aforesaid observation and direction, writ petition stands disposed of. Certified Copy as per rules. Sd/- (Parth Prateem Sahu) pwn JUDGE