1 2025:CGHC:3957 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 801 of 2019 • Parmeshwar Sinha S/o Late Shri Ramcharan Sinha Aged About 54 Years R/o New Kramchari Colony, Police Station Purani Basti, Raipur District Raipur Chhattisgarh ... Petitioner Versus 1. State Of Chhattisgarh Through The Secretary, Deapartment Of Town and Country Planning, Mahanadi Mantralaya, Naya Raipur, Atal Nagar, Post Office and Police Station Naya Raipur, Atal Nagar, District Raipur, Chhattisgarh 2. Director Directorate Of Town And Country Planing, Indrawati Bhawan, Naya Raipur, Atal Nagar, Post Office And Police Station Naya Raipur, Atal Nagar, District Raipur, Chhattisgarh 3. Joint Director Town And Country Planing, Raipur, District : Raipur, Chhattisgarh 4. Collector Raipur, District Raipur Chhattisgarh 5. Tahsildar Raipur, District Raipur, Chhattisgarh ... Respondents For Petitioner : Mr. Anoorup Panda, Advocate holding the brief of Mr. Aditya Bhardwaj, Advocate For Respondents : Mr. S.P. Kale, Additional Advocate General Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 22/01/2025 1. The petitioner has filed this petition seeking the following relief(s):- “10.i That, this Hon’ble Court may kindly be pleased to quash the impugned memo dated 27/10/2018 (Annexure-P/1) issued by the respondent No. 3/Joint Director, Town and Country Planning. 10.ii That, this Hon’ble Court may kindly be pleased to direct the respondent authorities to make necessary entries in the concerned records with regard to land in question of the petitioner i.e. treat the land use of the Digitally signed by RAMESH KUMAR VATTI 2 petitioner as ‘agricultural land’ in the Raipur Development Scheme 2021. 10.iii Cost of the petition may also be granted to the petitioner. 10.iv Any other relief, which this Hon’ble Court deems fit and proper, may also kindly be granted to the petitioner, in the interest of justice.” 2. Mr. Anuroop Panda, learned counsel appearing for the petitioner would submit that the petitioner is the owner of the land bearing Survey No. 1756/2 area 0.077 hectares, situated at Raipur Municipal Corporation, Ward No. 62, Village Raipur, Patwari Circle No. 46, Revenue Circle -I, Tahsil and District Raipur. He would further submit that the petitioner purchased the said plot from Krishna Kumar Vishwakarma and Videsh Kumar Vishwakarma through a registered sale deed dated 03.09.2015. He would contend that the Municipal Corporation Raipur granted permission for the construction of a building including the boundary wall on 28.03.2014. It is contended that the earlier owners moved an application for demarcation of the land wherein it was found that over Survey No. 1756/1, a building has been constructed and on the South and West directions, there is a pond. He would also contend that the purchased land of the petitioner has been shown as a pond by the Joint Director, Town and Country Planning, Raipur vide memo dated 27.10.2018. He would state that the petitioner has filed sufficient documents to demonstrate that the land of the petitioner i.e. Survey No. 1756/2 is not a pond, is still agricultural land and is in the possession of the petitioner. 3. On the other hand, Mr. S.P. Kale, learned Additional Advocate General appearing for the respondents would submit that objections were invited from 11.10.2007 to 10.11.2007, but the petitioner failed to raise 3 any objection and thereafter, the memo Annexure P-1 dated 27.10.2018 was issued. Mr. Kale would fairly submit that if the petitioner makes a representation before respondent No. 3 along with the relevant documents, an appropriate decision shall be taken by the said authority. 4. Heard learned counsel for the parties and perused the documents. 5. Taking into consideration the dispute involved in the present case, this petition, at this juncture, is disposed of reserving liberty in favour of the petitioner to make a representation along with all relevant documents before respondent No. 3 within a period of 10 days and the said authority is directed to consider the representation and documents so submitted by the petitioner in an objective manner preferably within a period of 60 days from the date of receipt of a copy of this order. The authority concerned shall provide sufficient opportunity of hearing to the petitioner. 6. With the aforesaid directions, the petition is disposed of. Sd- (Rakesh Mohan Pandey) Judge vatti