ISLAHUL MUSLEMEEN SHIKSHA SAMITI v. STATE OF CHHATTISGARH
WPC/5501/2025 · 2025-11-05
Shri Parth Prateem Sahu
body2025
DailyLaw.ai
[ 2025 DAILYLAW 58447 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 58447 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:54034
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5501 of 2025 Islahul Muslemeen Shiksha Samiti Through Its President/ Sadar Hasan Khan S/o Shri Sher Khan, 38 Mahant Para, Ward No. 3, Shivrinarayan, Tahsil Shivrinarayan District Janjgir Champa (C.G.)
... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Town Administration And Development, Atal Nagar, Mahanadi Bhawan, Mantralaya, Naya Raipur, Tah. And District Raipur (C.G.) 2 - Secretary, Department Of Revenue, Atal Nagar, Mahanadi Bhawan, Mantralaya, Naya Raipur, Tah. And District Raipur (C.G.) 3 - Collector, Janjgir Champa, Tahsil And District Janjgir- Champa (C.G.) 4 - Sub Divisional Officer (Revenue), Shivrinarayan Zila Janjgir Champa (C.G.) 5 - Tahsildar, Shivrinarayan Zila Janjgir Champa (C.G.) 6 - Chief Municipal Officer, Nagar Panchayat Shivrinarayan Zila Janjgir Champa (C.G.)
... Respondents
2 For Petitioner : Mr. Saleem Kazi, Advocate For Respondents/State : Mr. Praveen Das, Deputy Advocate General (Hon’ble Justice Shri Parth Prateem Sahu, Judge)
Order on Board 06/11/2025
1. This writ petition has been filed by petitioner raising grievance that respondents have initiated proceedings for demolition of the structure (tin shed) of petitioner Samiti. In the writ petition it is also pleaded that the Revenue Authority/Respondent no. 4 have already initiated proceedings on the application submitted by petitioner Samiti for allotment of the Govt. land in their favour and some persons are raising unnecessary objection and due to which proceedings has been withheld.
2. Counsel for State opposes the submission made by counsel for petitioner and would submit that tin shed by which encroachment was made was demolished on 16.10.2025 i.e. prior to first date of hearing of this writ petition. Now if proceedings of the allotment of land on the application of petitioner is pending consideration before concerned authority it will be considered in accordance with law.
3. I have heard learned counsel for respective parties and also perused the documents enclosed with this writ petition.
4. The submission of counsel for State that structure like tin shed has been demolished by respondent authority has not been disputed, however, it is submitted that petitioner society has already submitted an application for allotment of the Govt. land which is pending
consideration. Perusal of document Annexure P-3 would show that it is application submitted before the Collector for the allotment of land by the Chhattisgarh State Waqf Board, Annexure P-10 is a notice issued by the Tehsildar in the proceeding on the application for allotment of the land by registering the revenue case and further public notice has
3 also been issued by way of paper publication vide Annexure P-11 fixing date 22.09.2025. The writ petition though filed on 14.10.2025 however, further order sheet of the Tehsildar has not been placed on record so as to appreciate the submission of the petitioner that the proceedings is haulted in the Court of Tehsildar. Be that as it may.
5. Considering the fact that tin shed which was erricted by the petitioner Samiti on the Govt. land has already demolished by giving show cause notice and thereafter, proceedings for allotment of the land on application submitted by petitioner is pending consideration, nothing remains for this Court to adjudicate this matter. Accordingly the writ petition is disposed of with liberty to the petitioner to participate in proceedings already registered by the Tehsildar/Respondent no. 5 on the application for allotment of land submitted by petitioner and it is for the competent authority to take appropriate decision and pass the
order in accordance with law.
6. With the aforesaid observation, present writ petition is disposed of. Certified copy as per rules. sd/-
(Parth Prateem Sahu)
JUDGE alfiza
ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.11.07 14:16:52 +0530