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2025:CGHC:9067
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1015 of 2025 1 - Arvind Kumar Dewangan S/o Lochan Prasad Dewangan Aged About 52 Years R/o Ward No. 4 Gautiya Bada, Kharora Tahsil- Tilda, District- Raipur ( C.G. ).
... Petitioner versus 1 - State Of Chhattisgarh Through- The Secretary, Department Of Revenue, Mahanadi Bhawan, Mantralaya, New Raipur ( C.G. ). 2 - The Collector Raipur, District- Raipur ( C.G. ). 3 - The Additional Collector Raipur District- Raipur ( C.G. ). 4 - The SDO ( Revenue ) Tilda- Newra, District- Raipur ( C.G. ). 5 - The Tahsildar Tilda Tehsil- Tilda, Newra, District- Raipur ( C.G. ). 6 - District – Registrar, Raipur District- Raipur ( C.G. ). 7 - Deputy Director, Town And Country Planning Raipur Cum District- Regularization Officer, Raipur, District- Raipur ( C.G. ). ... Respondents (Cause title is taken from Case Information System)
2 / 3 For Petitioner : Mr. Ashutosh Shukla, Advocate For Respondents/ State : Mr. Santosh Bharat, Panel Lawyer (HON’BLE SHRI JUSTICE BIBHU DATTA GURU)
Order on Board 21/02/2025
1. By the present writ petition, the petitioner, who is owner of land bearing Khasra No.84 admeasuring 1.408 Hectare situated at village Tilda, District Raipur, wish to sell the land owned by him, and is seeking a direction towards the respondent authorities to remove the ban imposed on the sale and purchase of the land.
2.
Learned counsel appearing for the petitioner submits that the petitioner is having a personal financial need, wants to sell the land owned by him however there is a stay order dated 09/09/2022 (Annexure P/1) passed by the respondent No.3/ Additional Collector, Raipur on sale and purchase of the land on which illegal plotting was made and petitioner’s land is also included, hence necessary direction be issued towards the respondent authorities to remove the ban imposed on the sale and purchase of the land.
3.
Learned counsel appearing for the State submits that the ban is imposed only on illegal plotting made by the land owners and there is no ban on sale and purchase of the land where the land owners wish to sell their land without any illegal plotting.
4. I have heard learned counsel for the parties and perused the documents.
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5. From perusal of order dated 09/09/2022 (Annexure P/1), it appears that this stay order passed by the Additional Collector is a general order for general land where the petitioner’s land has also been included. The impugned order reflects that there is a ban on illegal sale and purchase of the land by land owners who are making illegal plotting on land/plots and wish to sell their land.
6. In view of the submission made by the learned counsel for the petitioner and also stated in the writ petition that he wants to sell his land without making any illegal plotting, the petitioner may submit an application before the Additional Collector by saying that he wants to sell the entire land without making any illegal plotting. Further the concerned Additional Collector is directed to relax the ban imposed vide order dated 09/09/2022 (Annexure P/1), as far as the case of the petitioner is concerned.
7. With the aforesaid direction, this writ petition is disposed of.
Sd/- (BIBHU DATTA GURU)
JUDGE $. Bhilwar