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2026 DAILYLAW 19923 (CHH)

MD. FAROOQ AALAM v. STATE OF CHHATTISGARH

WPC/2226/2026 · 2026-05-11

Shri Amitendra Kishore Prasad

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Judgment text

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1 2026:CGHC:22159 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2226 of 2026 1 - Md. Farooq Aalam S/o Md. Asraf Aged About 42 Years R/o Ward No. 41 Near Atal Chowk, Nawagarh, P.S. And Tehsil Ambikapur, Distt. Surguja, Chhattisgarh. 2 - Md. Ramzan Ansari S/o Md. Nizam Ansari Aged About 40 Years R/o Ward No. 41 School Para, Nawagarh, P.S. And Tehsil Ambikapur, Distt. Surguja, Chhattisgarh. 3 - Md. Usman Gani Rehmani S/o Md. Ismail Aged About 70 Years R/o Ward No. 41, Nawagarh, P.S. And Tehsil Ambikapur, Distt. Surguja, Chhattisgarh. 4 - Hidayatulla Ansari S/o Md. Dharmu Ansari Aged About 60 Years R/o Ward No. 41 School Para, Nawagarh, P.S. And Tehsil Ambikapur, Distt. Surguja, Chhattisgarh. 5 - Md. Jahangir Ansari S/o Md. Sitare Aged About 50 Years R/o Ward No. 41 School Para, Nawagarh, P.S. And Tehsil Ambikapur, Distt. Surguja, Chhattisgarh. 6 - Halima Khalifa W/o Najmuddin Khalifa Aged About 54 Years R/o Ward No. 41, Nawagarh, P.S. And Tehsil Ambikapur, Distt. Surguja, Chhattisgarh. 7 - Hamida Bano W/o Md. Julfekar Ali Aged About 40 Years R/o Sahid Abdul Hamid, Ward No. 41, Nawagarh, P.S. And Tehsil Ambikapur, Distt. Surguja, Chhattisgarh. RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 8 - Tarik Anawar S/o Khalil Ansari Aged About 35 Years R/o Ward No. 41 School Para, Nawagarh, P.S. And Tehsil Ambikapur, Distt. Surguja, Chhattisgarh. 9 - Ayesha Khatoon Shah W/o Ainul Shah Aged About 49 Years R/o Ward No. 41 Shcool Para, Nawagarh, P.S. And Tehsil Ambikapur, Distt. Surguja, Chhattisgarh. 10 - Md. Ismail Khalifa S/o A. Hamid Khalifa Aged About 50 Years R/o Ward No. 41, Nawagarh, P.S. And Tehsil Ambikapur, Distt. Surguja, Chhattisgarh. 11 - Abdul Manan Ansari S/o Jainul Aaboddin Aged About 54 Years R/o Ward No. 41 Shrighar, Nawagarh, P.S. And Tehsil Ambikapur, Distt. Surguja, Chhattisgarh. 12 - Shahid Ansari S/o Sufani Minya Aged About 41 Years R/o Ward No. 41, Nawagarh, P.S. And Tehsil Ambikapur, Distt. Surguja, Chhattisgarh. 13 - Md. Moqueem Ahmad S/o Gulam Abdul Quadir Aged About 40 Years R/o Ward No. 41, Atal Chowk, Nawagarh, P.S. And Tehsil Ambikapur, Distt. Surguja, Chhattisgarh. 14 - Jumman Ansari S/o Majeet Ansari Aged About 42 Years R/o Ward No. 41, School Para, Nawagarh, P.S. And Tehsil Ambikapur, Distt. Surguja, Chhattisgarh. 15 - Akhtar Ansari S/o Sabuddin Khan Aged About 35 Years R/o Ward No. 41, Shrighar, Nawagarh, P.S. And Tehsil Ambikapur, Distt. Surguja, Chhattisgarh. 16 - Md. Ziyauul Haque S/o Md. Inamul Haque Aged About 55 Years R/o Ward No. 41, Nawagarh, P.S. And Tehsil Ambikapur, Distt. Surguja, Chhattisgarh. 17 - Shahnawaz Ansari S/o Kayamuddin Ansari Aged About 40 Years R/o Ward No. 41, School Para, Nawagarh, P.S. And Tehsil Ambikapur, Distt. Surguja, Chhattisgarh. ... Petitioner(s) versus 3 1 - State Of Chhattisgarh Through Secretary, Revenue And Disaster Management Department, Mantralaya, Mahanadi Bhawan, Capital Complex, Atal Nagar, Nawa Raipur, Distt. Raipur, Chhattisgarh. 2 - The Secretary Forest Department, Mahanadi Bhawan, Capital Complex, Atal Nagar, Nawa Raipur, Distt. Raipur, Chhattisgarh. 3 - Commissioner Surguja Division, Ambikapur, Distt. Surguja, Chhattisgarh. 4 - Collector Surguja Ambikapur, Distt. Surguja, Chhattisgarh. 5 - Sub-Divisional Officer Ambikapur Sub Division, Distt. Surguja, Chhattisgarh. 6 - Tehsildar Ambikapur, Distt. Surguja, Chhattisgarh. 7 - Nazul Officer Tehsil Ambikapur, Distt. Surguja, Chhattisgarh. 8 - Division Forest Officer Forest Division Surguja, Distt. Surguja, Chhattisgarh. 9 - Forest Range Officer Forest Range Ambikapur, Distt. Surguja, Chhattisgarh. 10 - Commissioner Municipal Corporation Ambikapur, Distt. Surguja, Chhattisgarh. 11 - Station House Officer P.S. Ambikapur, Distt. Surguja, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Manoj Paranjape, Sr. Advocate along with Mr. Arpan Verma, Advocate. For Respondent(s)/State : Mr. Shobhit Mishra, Dy. G.A. For Respondent No. 10 : Ms. Parwati Suryawanshi, Advocate on behalf of Mr. Bhupendra Singh, Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 12/05/2026 1. By way of this petition, the petitioners have prayed for following reliefs:- 4 “1) That, this Hon'ble Court may kindly be pleased to issue a writ/writs, order/orders, direction/directions and the notices dated 17.03.2026 (Annex. P/1 to Annex. P/17), may kindly be quashed and the respondent authorities may kindly be directed to consider the case of each of the petitioners and passed the appropriate orders. 2) That, this Hon'ble Court may kindly be pleased to issue a writ/writs, order/orders, direction/directions and the order dated 17.04.2025 (Annex. P/18) may kindly be quashed, in its entirety. 3) That, this Hon'ble Court may kindly be pleased to issue a writ/writs, order/orders, direction/directions and the respondent authorities may kindly be directed to examine the case of each of the petitioners for allotment of the said land either under the Act of 2023 known as Chhattisgarh Nagariya Khestron Ke Awashin Vyaktiyon Ko Patta Dhriti Adhikar Adhiniyam, 2023 or under the Indian Forest Act, 1927. 4) That, this Hon'ble Court may kindly be pleased to issue a writ/writs, order/orders, direction/directions and respondent authorities may kindly be directed to rehabilitate the petitioners before demolishing the superstructure/residential houses and they may further be directed to provide the shelter to the petitioners who are in possession of the lands from more than 15-20 years. 5) That, this Hon'ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.” 2. An objection has been raised by the Registry of this Court regarding joint petitions filed by several petitioners in respect of demolition of individual houses in view of order passed by this Court in WPC No. 2161/2025. 5 3. Learned counsel appearing on behalf of the petitioners submits that each of the petitioner shall file duly constituted and separate petitions within a period of 10 days in accordance with law, however, till such time, it is prayed that the concerned respondent authorities may be restrained from taking any coercive action against the petitioners, particularly in view of the order dated 29.04.2025 passed by this Court wherein it has been observed that a common writ petition would not be maintainable in matters involving individual causes of action and that separate petitions are required to be instituted by the respective aggrieved persons. 4. No objection has been raised from other sides. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case, and further taking into consideration the submissions advanced on behalf of the petitioners, the concerned respondent authorities are directed not to take any coercive action against the petitioners for a period of 10 days from today. 7. In the meanwhile, the petitioners shall file separate and duly constituted petitions in accordance with law in respect of their individual causes of action arising out of the same subject matter. 8. With this observation and direction, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat