1 2025:CGHC:11844 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1379 of 2021 1 - Shubhash Chand Agrawal S/o- Late Tulsi Ram Agrawal Aged About 62 Years R/o- Chaitanya Nagar, Dhimrapur Road, District- Raigarh (Chhattisgarh), District : Raigarh, Chhattisgarh 2 - Rajendra Kumar Agrawal S/o- Late Tulsi Ram Agrawal Aged About 66 Years R/o - Kesarpara, Chakradharnagar, District- Raigarh (Chhattisgarh), District : Raigarh, Chhattisgarh 3 - Maniram Agrawal S/o- Late Tulsi Ram Agrawal Aged About 60 Years R/o- Nayaganj, District- Raigarh (Chhattisgarh), District : Raigarh, Chhattisgarh 4 - Kailash Kumar Agrawal S/o- Late Tulsi Ram Agrawal Aged About 58 Years R/o- Kesarpara, Chakradharnagar, District- Raigarh (Chhattisgarh), District : Raigarh, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Revenue And Disaster Management And Ex-Officio, D.K.S. Bhawan, Mantralaya, Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 2 - Collector District- Raigarh, Chhattisgarh, District : Raigarh, Chhattisgarh 3 - Tehsildar Tehsil- Raigarh, District - Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh 4 - Nazul Officer District- Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh ---- Respondents For Petitioners : None appears even in the second round For State : Mr. Shubham Bajpayee, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 10.03.2025 REKHA SINGH Digitally signed by REKHA SINGH Date: 2025.03.12 10:55:34 +0530 -2- 1. Heard on admission. 2. The petitioners have filed this petition seeking the following relief (s):- “10.1 To kindly direct the respondent authorities to put an end to their decision to auction the Nazul Land bearing khasra no. 181/1Kh/1 rakba 1850 Sq Ft. and may therefore quash the notice dated 26.02.2021 (P/1) to an extent the Sr. No. 04 as mentioned in the said notice may not be open to an auction. 10.2 To quash the order dated 16.02.2021 issued by the Nazul Officer, Raigarh as the same has been passed in an arbitrary manner and without giving any opportunity of hearing to the petitioners. 10.3 To direct the respondent authorities to consider the application of the petitioner dated 15.12.2020 & allot the land bearing Khasra No. 181/1Kh/1 rakba 1850 Sq Ft. in favor of the petitioners in light of the policy of the State Government dated 11.09.2019 (P/3) vide Clause 5 (5.1) of the aforesaid policy. 10.4 To kindly make any other order that may be deemed fit and just in the facts and circumstances of the case including awarding of the costs to the petitioner.” 3. It is pleaded by the petitioners that they are the owners of the land bearing Survey No.190/3, the same is adjoining to the Nazul land bearing Survey No.181/1-kh/1 and the said land is in occupation of the petitioners since 2011. It is also pleaded that the petitioners wanted to purchase 1850 sq.ft. of land according to the policy dated 11.09.2019. It is further pleaded that respondent No.4 rejected the application moved by the petitioners vide order dated 16.02.2021 mentioning incorrect survey number. 3 4. Mr. Bajpayee, the learned Panel Lawyer appearing for the State would submit that the petitioners are claiming right pursuant to the Policy dated 11.09.2019 whereas the same has been withdrawn in the year 2024 by the State Government and thus, the present petition has become infructuous. 5. Heard learned counsel appearing for the State and perused the documents placed on the record. 6. Taking into consideration the fact that there is no representation on behalf of the petitioners; further, the petitioners have not mentioned any rules or provisions of law to purchase the property as a matter of right and the Policy dated 11.09.2019 has already been withdrawn by the Government, therefore, no case is made out for interference. Consequently, the present petition fails and is hereby dismissed at the admission stage. 7. The interim order granted earlier is hereby vacated. Sd/- (Rakesh Mohan Pandey) Judge Rekha