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2025 DAILYLAW 59706 (CHH)

MALTI DAS v. STATE OF CHHATTISGARH

WPC/6070/2025 · 2025-11-19

Shri Parth Prateem Sahu

body2025

Judgment text

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1 2025:CGHC:56517 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6070 of 2025 1 - Malti Das W/o Late Bhirbhadradas Aged About 68 Years R/o Village - Fundurdihari, Ambikapur, Police Station Gandhinagar, Tehsil Ambikapur, District - Surguja, Chhattisgarh 2 - Chandrashekhar S/o Late Bhirbhadradas Aged About 48 Years R/o Village - Fundurdihari, Ambikapur, Police Station Gandhinagar, Tehsil Ambikapur, District - Surguja, Chhattisgarh 3 - Tapan S/o Late Bhirbhadradas Aged About 53 Years R/o Village - Fundurdihari, Ambikapur, Police Station Gandhinagar, Tehsil Ambikapur, District - Surguja, Chhattisgarh 4 - Vishwajeet S/o Late Bhirbhadradas Aged About 46 Years R/o Village - Fundurdihari, Ambikapur, Police Station Gandhinagar, Tehsil Ambikapur, District - Surguja, Chhattisgarh ... Petitioners versus 1 - State Of Chhattisgarh Through - Secretary, Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Nava Raipur, District - Raipur (C.G.) 2 - The Commissioner Surguja Division, Ambikapur, District - Surguja, C.G. ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.11.21 14:43:18 +0530 2 3 - The Collector Ambikapur, District - Surguja, C.G. 4 - Sub-Divisional Officer (R) Ambikapur, District - Surguja, C.G. 5 - Tehsildar Ambikapur District - Surguja, C.G. 6 - Deputy Registrar Ambikapur Ambikapur, District - Surguja, C.G. 7 - Yogesh Manshani S/o Late Kanhaiya Lal Manshani Aged About 46 Years R/o Bhattiroad Kedarpur Ambikapur Police Station And Tehsil Ambikapur, District Surguja Chhattisgarh ... Respondents For Petitioners : Ms. Priyanka Rai, Advocate For Respondent No. 1 to 6- State : Mr. Shreyansh Mehta, Panel lawyer Hon’ble Justice Shri Parth Prateem Sahu, Judge Order on Board 20.11.2025 1. This writ petition has been filed by the petitioner, seeking following reliefs:- “10.1 That the Hon’ble Court may be pleased to issue an appropriate writ, order or direction, particularly a writ in the nature of mandamus, directing the respondent no. 3- the Collector, District Surguja, Ambikapur, to forthwith decide the petitioner’s pending application for permission to sell rehabilitation land under Section 165(7-B) of the Chhattisgarh Land Revenue Code, registered as Revenue Proceeding No. 202008020700008/735, year 2019-2020, Class B-21, within a stipulated time period of 15 days or as may be fixed by this Hon’ble Court. 3 10.2 Any other relief, which this Hon’ble Court deems, fit in the facts and circumstances, may also be granted in favour of the petitioner.” 2. Learned counsel for petitioner submits that at this stage petitioner is making a prayer for issuance of direction to Respondent No. 3- Collector to take decision on the application submitted by petitioner seeking permission to sell the land recorded in the name of petitioner. Application of petitioner is pending since 2020. 3. Learned State counsel submits that according to his instruction, the land which is subject matter of application in this petition is the land allotted under the rehabilitation scheme of the State Government. Petitioner for the reasons best known to him has not enclosed copy of patta which also bears conditions under which the patta, if any, was issued in his favour. He however submits that in view of the limited prayer made by learned counsel for petitioner seeking direction to Respondent No. 3-Collector to take decision on the pending application, he is having no objection to the limited prayer. 4. I have heard learned counsel for the parties. 5. Taking into consideration the nature of grievance raised by petitioner, submission of counsel for the parties and the limited relief as sought for by the petitioner of issuance of direction to Respondent No. 3-Collector to take decision on the pending application, without commenting anything on the claim of petitioner, this writ petition at this stage is disposed of directing Respondent No. 3-Collector, Ambikapur, District Surguja, to take decision on the pending application of petitioner in accordance with law, expeditiously preferably within a further period of 03 months from the date of receipt of copy of this order. 6. With the aforesaid direction, this writ petition is disposed of. Certified copy as per rules. sd/- (Parth Prateem Sahu) Judge alfiza