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High Court of Chhattisgarh · body

2025 DAILYLAW 5392 (CHH)

AMRIKA BAI v. STATE OF CHHATTISGARH

WPC/549/2025 · 2025-01-28

Shri Bibhu Datta Guru

Transfer Petitionbody2025

Judgment text

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1 / 4 2025:CGHC:4865 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 549 of 2025 1 - Amrika Bai W/o Kailash Jagat Aged About 65 Years R/o Ajaypur, Newra Jaipur P.O. Newra. P.S. Kota Tahsil, Sakari, District Bilaspur (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through - The Secretary, Co-Operative Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur District - Raipur (C.G.) 2 - The Secretary, Civil Supply And Consumer Protection Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 3 – Director, Department Of Food, Civil Supplies And Consumer Protection, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 4 – Collector, Bilaspur, District Bilaspur (C.G.) 5 - Sub Divisional Officer (Revenue) Takhatpur, District- Bilaspur (C.G.) 6 – Tahsildar, Sub- Tahsil Ganiyari, Tahsil Sakari, District Bilaspur (C.G.) 2 / 4 7 - Branch Manager, Sewa Sahkari Samiti Newra Maryadit, Paddy Procurement Center, Newra, District Bilaspur (C.G.) 8 - Ganga Bai D/o Khorbahra Aged About 72 Years R/o Ajaypur, Newra Jaipur P.O. Newra. P.S. Kota Tahsil Sakari District Bilaspur (C.G.) ... Respondents (Cause title is taken from Case Information System) For Petitioner : Ms. Mahima Tandan, Advocate on behalf of Mr. J. K. Mahilang, Advocate For Respondents/ State : Mr. R. K. Gupta, Additional Advocate General (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 28/01/2025 1. By the present writ petition, the petitioner is seeking direction towards the respondent authorities to consider the case of the petitioner and to give permission to sell her share of paddy in paddy procurement center by registering her name against the land owned by her. 2. Learned counsel appearing for the petitioner submits that the Additional Tahsildar, vide Memo dated 18/01/2024 (Annexure P/2) has already directed for registration of her sisters’ (namely; Ganga Bai and Jamuna Bai) share of lands however, presently the petitioner is trying to register her share of land for sale of paddy but her sisters are not permitting her for registration as well as for sale of paddy procured from the land of her share. She would further submit that there is a partition between all the three sisters however in spite of the said fact, the land in her share i.e. 0.68 3 / 4 Acre is not being registered for sale of paddy. The petitioner submitted the applications dated 29/11/2024 (Annexure P/3) before the SDO (Revenue), Takhatpur as well as the Tahsildar, Sub-Tahsil Ganiyari but no order has been passed by the SDO or the Tahsildar hence, necessary direction be issued to them to pass appropriate order examining the claim raised by the petitioner. 3. Learned counsel appearing for the State submits that it appears from the contents of the application that there is some dispute between the sisters regarding the share of land and probably for that reason, the Tahsildar has not taken the decision for registration of the land falling in the share of the petitioner. He further submits that if the application is still pending before the Tahsildar, the Tahsildar shall take a decision regarding the said application submitted by the petitioner by providing sufficient opportunity of hearing to the petitioner as well as the respondent No.7 & 8 within the stipulated time. 4. I have heard learned counsel for the parties, perused the application moved by the petitioner and the pleadings of the petitioner. 5. In view of the submission made by the State counsel, the respondent No.6/ Tahsildar, Sub-Tahsil Ganiyari is directed to consider and decide the application dated 29/11/2024 (Annexure P/3) submitted by the petitioner by providing sufficient opportunity of hearing to the petitioner as well as the respondent No.7 & 8 4 / 4 and pass necessary order within a period of 15 days from the date of receipt of a copy of this order, in accordance with law. 6. With the aforesaid direction, this writ petition is disposed of. Sd/- (BIBHU DATTA GURU) JUDGE $. Bhilwar