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2026 DAILYLAW 15615 (CHH)

KOMAL SINGH SAHU v. STATE OF CHHATTISGARH

WPC/166/2026 · 2026-01-18

Shri Naresh Kumar Chandravanshi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:2928 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 166 of 2026 Komal Singh Sahu S/o Shri Noharlal Sahu, Aged About 46 Years R/o Village- Hasda No. 1 Tahsil - Magarload District Dhamtari C.G. ... Petitioner. Versus 1. State Of Chhattisgarh Through Secretary, Revenue Department, Mahanadi Bhawan, Mantralay Atal Nagar Nawa Raipur, District Raipur C.G. 2. The Secretary, Urban And Rural Development Department, Mahanadi Bhawan, Mantralay Atal Nagar, Nawa Raipur, District Raipur C.G. 3. The Collector, Dhamtari, District Dhamtari C.G. 4. Sub Divisional Officer (Revenue), Kurud District Dhamtari C.G.. 5. The Naib Tahsildar, Up Tahsil- Badi Kareli, District Dhamtari C.G.. 6. The Sarpanch, Gram Panchayat Hasda No. 1, Tahsil- Magarload District Dhamtari C.G. 7. Ishwari Sahu W/o Kashiram Sahu, Sarpanch Gram Panchayat Hasda- 1, Tahsil- Magarload District Dhamtari C.G. ... Respondents. {Cause title downloaded from CIS Periphery} For Petitioner : Mr. Sunil Tripathi, Advocate. For Respondents/ State : Mr. Sabyasachi Choubey, Government Advocate. Digitally signed by AJAY KUMAR DWIVEDI DN: cn=AJAY KUMAR DWIVEDI, ou=HIGH COURT, o=HIGH COURT OF CHHATTISGARH, st=Chhattisgarh, c=IN Date: 2026.01.19 17:05:49 +0530 2 (Hon’ble Shri Justice Naresh Kumar Chandravanshi ) Order on Board 19/01/2026 1. This Writ Petition under Article 226 of the Constitution of India has been filed by the petitioner for the following reliefs:- "10.2 The Hon'ble Court may kindly be pleased to set- aside the impugned notice dated 10.01.2026 (Annexure P- 1) issued by the office fo respondent No.6. 10.2 The Hon'ble Court may kindly be pleased to issue writ/order/suitable direction towards the respondent No.3 to consider and decide the application submitted by the petitioner dated 08.12.2025 (Annexure P-14) in compliance of the Hon'ble Courts order dated WPC No.6248 of 2025 dated 02.12.2025 in accordance with law and within stipulated period. 10.3 The Hon'ble Court may kindly be pleased to issue writ/order/suitable direction towards to do not create hindrance upon the occupied land of the petitioner. 10.4 That, the Hon'ble Court may kindly be pleased to grant any other relief, as if may deem fit and appropriate." 2. Mr. Sunil Tripathi, learned counsel for the petitioner would submit that the petitioner is having possession over 2.5 dismil land out of total area of 39.65101 Hectare bearing Khasra No.449/1 situated at Patwari Halka No.04, Village Hasda, Tahsil Magarload, District Dhamtari since about 4 decades. He further submits that the petitioner has been allotted fund for construction of the house under the Pradhan Mantri Awas Yojna similar to other villagers. Consequently, several villagers who are in possession of portions of the aforesaid land have 3 commenced construction of their houses after obtaining permission from the concerned Sarpanch. However, when the petitioner applied for construction permission, it was not granted, instead a notice was issued to him by the Sarpanch of Gram Panchayat, Hasda on 10.01.2026 (Annexure-P/1). 3. Learned counsel for the petitioner further submits that earlier the petitioner has filed an application/representation for permission to construct a house over the subject land before the concerned Tahsildar, however, the same was rejected on 31.01.2025. Aggrieved by the order of Tahsildar, the petitioner filed WPC No.6248/2025 (Komal Singh Sahu Vs. State of CG and Ors) before this Court, however, the same was withdrawn by the petitioner with liberty to file an appropriate application before the appropriate Authority vide order dated 02.12.2025 (Annexure-P/13). Subsequently, the petitioner moved an application dated 08.12.2025 (Annexure-P/14) before the Collector, Dhamtari for grant of permission to construct a house over the subject land i.e. 2.5 dismil at Khasra No.449/1 possessed by him, but said application has not been decided yet. 4. In view of the above submission, learned counsel for the petitioner submits that, at this juncture, this writ petition may be disposed of directing the Collector Dhamtari to decide the application/ representation made by the petitioner on 08.12.2025 (Annexure-P/14) within stipulated period. He also prayed that till decision of such application his possession may be protected. 4 5. Mr. Sabyasachi Choubey, learned State counsel submits that the application submitted by the petitioner shall be considered and decided in accordance with law. 6. Having considered the limited prayer made by counsel for the petitioner, and further considering the fact that the petitioner has already moved an application before the Collector, Dhamtari, on 08.12.2025 (Annexure-P/14), this Court, instead of keeping the present petition pending, deems it appropriate to dispose of the same by directing the respondent/Collector, Dhamtari, to decide the aforesaid application filed by the petitioner within a period of 45 days from the date of receipt/submission of a copy of this order. Ordered accordingly. 7. It is also directed that till decision of the aforesaid application, status quo as it exists today shall be maintained by the parties. 8. With the aforesaid direction, this petition stands disposed of. 9. Pending application, if any, also stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge Ajay