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2025 DAILYLAW 60051 (CHH)

HIRA SINGH KANWAR v. STATE OF CHHATTISGARH

WPC/6222/2025 · 2025-11-30

Shri Parth Prateem Sahu

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Judgment text

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1 2025:CGHC:58246 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6222 of 2025 1 - Hira Singh Kanwar S/o Late Lachiraam Aged About 38 Years R/o Village Madabahar, Gram Panchayat Bulshidi, Tehsil Bhaisma, District Korba, Chhattisgarh 2 - Sukhiram S/o Late Dev Singh Kamar Aged About 51 Years R/o Village Dengar, Gram Panchayat Kherwa, Tehsil Bhasima, District Korba, Chhattisgarh 3 - Ramayan Singh S/o Late Sukh Singh Aged About 54 Years R/o Village Dengar, Gram Panchayat Kherwa, Tehsil Bhasima, District Korba, Chhattisgarh --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur (C.G.) 2 - Collector Korba, District Korba (C.G.) 3 - Divisional Forest Officer Korba Forest Division, District Korba Chhattisgarh 4 - Tehsildar Tehsil Korba, District Korba, Chhattisgarh 5 - Regional Transport Officer (Rto) Office Of The Regional Transport Office, District Korba, Chhattisgarh --- Respondents BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN Date: 2025.12.03 10:57:17 +0530 2 ____________________________________________________________ For Petitioners : Mr. Syed Mohd. Sohail Afzal, Advocate For Respondents/State : Mr. Shreyansh Mehta, P.L. Hon'ble Shri Justice Parth Prateem Sahu Order On Board 01/12/2025 1. Petitioners have filed this petition seeking following relief (s) :- “10.1 Stay all construction activities and operations on the disputed land by the Respondents or their agents. 10.2 Restrain the respondents from interfering with the peaceful possession and enjoyment of the Applicants’ forest rights. 10.3 Direct the Respondents to forthwith remove all machinery and persons from the disputed land. 10.4 Pass such other and further interim orders as this Hon’ble Court may deem fit and proper.” 2. Learned counsel for petitioners submits that petitioners are in possession of the land situated at Village – Dumrdih, Village Panchayat- Mulshidi, Tehsil Vasuma, District – Korba on which State Government wants to develop the Regional Transport Office, District Korba. Petitioners are allotted the said land on patta and they are in possession of same since long. Therefore, action of the State Government is arbitrary. 3. Learned State counsel opposes the submission of learned counsel for petitioner and would submit that grievance raised by petitioners are not sustainable as according to the documents supplied to him from the concerned department, RTO office is to be established at Village - 3 Bundeli, P.C. No.36 and not at village -Dumerdih, therefore, the writ petition filed by petitioners are only on apprehension and not on correct facts. 4. In view of submission made by learned counsel for respective parties, particularly the possession of petitioners on the land if any is of village Dumerdih and the proposed establishment of RTO office is at Village Bundeli, I do not find any merit in this petition, accordingly it is dismissed. Sd/- (Parth Prateem Sahu) Judge Balram