Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:17766
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1604 of 2026 1 - Jalam Singh S/o Late Chhabiram Dhruw Aged About 37 Years R/o Village- Bindranawagarh, Tahsil And District- Gariyaband (C.G.) 2 - Bharat Singh Thakur S/o Late Parshuram, Aged About 50 Years R/o Village Bindranawagarh, Tahsil And District -Gariyaband (C.G.) 3 - Tisram Dhruw S/o Late Majhiram Dhruw Aged About 55 Years R/o Village- Bindranawagarh, Tahsil And District- Gariyaband (C.G.) 4 - Meshram Netam S/o Late Ram Singh, Aged About 35 Years R/o Village- Bindranawagarh, Tahsil And District -Gariyaband (C.G.) 5 - Daulat Ram Thakur S/o Late Maheshram Thakur, Aged About 50 Years R/o Village Bindranawagarh, Tahsil And District- Gariyaband (C.G.)
... Petitioners versus 1 - State Of Chhattisgarh Through The Secretary, Revenue And Disaster Management Department, Mantralaya, Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 2 - The Collector, District- Gariyaband (C.G.) 3 - The Sub- Divisional Officer (Revenue) Gariyaband, District- Gariyaband (C.G.) 4 - The Tahsildar, Gariyaband, District- Gariyaband (C.G.)
... Respondents (Cause title taken from Case Information System) For Petitioners : Mr. Kamlesh Kumar Pandey, Advocate For State/Respondents : Dr. Arham Siddiqui, Panel Lawyer. RUKHSAR BANO Digitally signed by RUKHSAR BANO Date: 2026.04.21 16:26:24 +0530
2 (Hon’ble Shri Justice Naresh Kumar Chandravanshi)
Order on Board 20/04/2026
1. This petition has been preferred by petitioners under Article 226 of the Constitution of India seeking following reliefs:-
“10.1 That, this Hon'ble Court may kindly be pleased to call the records pertaining to the case from the respondent authorities. 10.2 That, this Hon’ble Court may kindly be pleased to issue an appropriate direction to the concerned respondent authorities for allotment of the lands by way of patta in favour of petitioners, in which, the petitioners are in possession. 10.3 That, the Hon’ble Court may kindly be pleased to grant any other relief which may be deem fit in the given facts and circumstances of the instant case including cost of litigation.”
2. Learned counsel for the petitioners submits that the lands bearing Khasra Nos.383, 395, 399, 401, 434, 509 and 510, total area of 101.18 hectares, situated at Village Bindranawagarh, P.H. No.27, Tahsil and District Gariyaband, are government lands. He further submits that in the year 1967-68, a 25-member Samiti was constituted under the name
“Adiwasi Krishi Sahakari Samiti, Bindranawagarh” (for short “Samiti”). The State government allotted the aforesaid lands to the members of the Samiti for the purposes of rehabilitation, earning livelihood and accommodation. Each member was allotted 10 acres of land, on which they constructed houses on a portion thereof, and the remaining portion was used for agricultural purposes to earn their livelihood. The said lands were also recorded in the name of the President of the Samiti in revenue records. Subsequently, the founder members of the
3 Samiti passed away, and the lands were inherited by their successors. On account of death of founder members, the registration of the Samiti was cancelled, and the land was recorded again in the name of the Government. However, the petitioners, being the legal heirs of founder members of Samiti, are still residing on and in possession of their respective shares. He further submits that the petitioners filed individual applications for grant of patta for their respective shares of the subject land; however, the same has not been granted to them, despite their continuous possession on it for more than 40-45 years. Pursuant to the applications filed by the petitioners, reports were also sought from the Revenue Inspector and the Sub-Divisional Officer, Gariyaband, who submitted detailed reports in favour of the petitioners.
It is further submitted that the petitioners belong to the tribal community and have also filed an application before the Chhattisgarh State Tribal Commission, Raipur, despite that, their grievance has not yet been redressed. Therefore, learned counsel prays that the present petition may be disposed of by granting liberty to the petitioners to file a fresh representation before the Collector, Gariyaband for redressal of their grievance, and that the Collector be directed to decide the same within a time-bound manner. 3. In reply, learned counsel for the State/respondents submits that if the petitioners file an application/representation, the same shall be considered and decided in accordance with law. 4. Heard learned counsel for the parties and perused the material available on record. 5. The petitioners are said to be tribal people, and the lands in question were allotted to the Samiti, which was registered by their ancestors, as
4 such the petitioners have been in possession of the said lands for more than 40-45 years. 6. Having considered the aforesaid facts and the limited grievance of the petitioners, the present writ petition is disposed of at this stage, granting liberty to the petitioners to file a fresh application/representation before Respondent No.2 / the Collector, District Gariyaband within a period of 15 days from today, along with all necessary documents for redressal of their grievance. In the eventuality of filing such application/representation filed by the petitioners, the same shall be decided by Respondent No.2/the Collector, Gariyaband, in accordance with law within a further period of 60 days from the date of filing of such application/representation, along with a copy of this
order, after due inquiry by passing a reasoned and speaking order. However, it is made clear that no coercive steps shall be taken against the petitioners till decision of the Collector, Gariyaband.
7. With the aforesaid observations and directions, the present writ petition stands disposed of.
8. Pending interlocutory application(s), if any, also stands disposed of. No
order as to cost(s). Sd/- (Naresh Kumar Chandravanshi) Judge Rukhsar