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2025 DAILYLAW 57294 (CHH)

SHAKUNTALA v. STATE OF CHHATTISGARH

WPC/6013/2025 · 2025-12-02

Shri Parth Prateem Sahu

body2025

Judgment text

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1 2025:CGHC:58548 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6013 of 2025 1 - Shakuntala D/o Ramdas, Aged About 46 Years R/o Malkharoda, Tehsil Malkharoda, District Sakti (C.G.) ... Petitioner Versus 1 - State Of Chhattisgarh Through Secretary, Department Of Revenue, Mahanadi Bhawan, Mantralaya, Atal Nagar, New Raipur, District Raipur (C.G.) 2 - Commissioner, Bilaspur Division Bilaspur, District Bilaspur (C.G.) 3 - Collector, Sakti, District Sakti (C.G.) 4 - Sub Divisional Officer (Revenue) Malkharoda, District Sakti (C.G.) 5 - Tahsildar, Malkharoda, District Sakti (C.G.) ... Respondents For Petitioner : Mr. Jai Kumar Dewangan, Advocate For Respondents : Mr. Satish Gupta, Government Advocate SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 03 /12/2025 1. The petitioner has filed this writ petition seeking following reliefs:- “10.1 That, the Hon’ble Court may kindly be pleased to direct the concerned respondent authorities to expeditious decide Revenue Appeal No. 22/5 B- 121/2023-24 within stipulated time, in the interest justice. 2 10.2 Any other relief, which the Hon’ble Court may deem fit and proper in the facts and circumstances of the case may also be granted in favour of the petitioner.” 2. Learned counsel for the petitioner submits that the appeal preferred by the petitioner before the Court of Commissioner, Bilaspur Division is pending in the Court of Additional Commissioner. It was fixed for final hearing in the month of April, 2025. However, it could not be decided till date as thereafter, the Court of Additional Commissioner became vacant. 3. On the other hand, learned counsel for the Respondents/State submits that the Court of Commissioner is functioning and the urgent matter can be taken up for hearing by the Court of Commissioner and therefore, if petitioner files an application showing urgency, the concerned authority shall consider the application in accordance with law 4. I have heard learned counsel for the parties and also perused the documents placed on record. 5. Perusal of the documents would show that the petitioner was granted funds under the Pradhan Mantri Awas Yojana and first installment has also been released in her favour. However, the second installment could not be released for want of proper order of grant of patta in her favour of the land on which construction is to be made. Petitioner thereafter, submitted an application before the Tehsildar which came to be dismissed and the First Appeal preferred before the Sub-Divisional Officer (Revenue) also came to be dismissed. 6. The Second Appeal is still pending consideration at the stage for final hearing before the Court of Additional Commissioner. The Court of Additional Commissioner as stated by the counsel for the parties is lying vacant. 7. Taking into consideration the fact that if appeal is decided in favour of petitioner, the delay in raising construction of the house may increase in 3 costs of construction, +awaiting final decision of the Second Appeal and therefore, the writ petition at this stage is disposed of permitting the petitioner to submit an application for urgent hearing before the Court of Commissioner, Bilaspur Division, Bilaspur for taking up the Revenue Appeal No. 22/5 B-121/2023-24 for hearing and if such an application is submitted, the concerned authority i.e. Commissioner, Bilaspur Division, Bilaspur shall consider and decide the same in accordance with law, expeditiously. 8. With the aforesaid observation and directions, this writ petition stands disposed of. Sd/- (Parth Prateem Sahu) Judge Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY