1 2026:CGHC:26782 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3292 of 2026 Dinesh Kumar Jaiswal Son Of Late Gayaram Jaiswal, Aged About 55 Years Resident Of Bangalipara, Gali No. 03, Pathak Gali, Sarkanda, Bilaspur, District Bilaspur, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Department Of Revenue And Disaster Management, Mahanadi Bhawan, Nava Raipur Atal Nagar, Raipur, Chhattisgarh. 2 - The Collector, District Bilaspur, Chhattisgarh 3 - Sub Divisional Magistrate, District Bilaspur, Chhattisgarh ... Respondent(s) (Cause Title downloaded from CIS Periphery) For Petitioner(s) : Mr. Abhyuday Singh, Advocate For Respondent(s) : Mr. SS Choubey, Government Advocate SB: Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board SHYNA AJAY Digitally signed by SHYNA AJAY Date: 2026.07.02 13:56:45 +0530 2 01/07/2026 1. Heard. 2. By way of this petition, the petitioner seeks the following reliefs : 10.1 It is prayed that this Hon'ble Court may kindly be pleased to quash and set aside the impugned order dated 27.01.2026 passed by the Respondent no. 2 (ANNEXURE P/1) 10.2 It is prayed that this Hon'ble Court may kindly be pleased to issue appropriate writ directing the respondents to allot the land to the petitioner upon the application dated 15.05.2023 as per the provisions of Revenue Book Circular and its ancillary notifications/amendments, in a time bound manner. 10.3 Any other relief, which this Hon'ble Court, may deem fit and proper, in the facts and circumstances of the case. 3. Learned counsel for the petitioner submits that the petitioner is an ex-serviceman, who filed an application for grant of 5 acres of land as per the Policy/Circular of the State Government dated 9.8.1983. When the application was moved before the concerned Collector, it was dismissed vide order dated 27.1.2026. He submits that according to the Policy dated 9.8.1983, an appeal against such order lies before the Commissioner. However, the petitioner could not prefer an appeal before the concerned Commissioner within the prescribed limitation period of 45 days. 3 Learned counsel for the petitioner makes a limited prayer to dispose of this petition with a direction to the Commissioner to consider the appeal of the petitioner, along with an application under Section 5 of the Limitation Act. Further, since the matter involves an ex-serviceman (Army), it deserves to be considered in a pragmatic manner without adopting a hyper-technical approach. 4. Considering the aforesaid aspects of the matter, this Court deems it appropriate to dispose of this petition with liberty to the petitioner to file an appeal, as per the Circular dated 9.8.1983, before the competent authority (the Commissioner) along with an application under Section 5 of the Limitation Act, within a period of 10 days from the date of receipt of a certified copy of this order. In turn, the Commissioner is directed to consider the appeal, if any, in accordance with law, keeping in view the benevolent provisions under which ex-service personnels are allotted 5 acres of land as per the subject Policy/Circular. Ordered accordingly. 5. With the aforesaid observations/directions, the Petition is finally disposed of. Sd/- (Amitendra Kishore Prasad) Judge Shyna Ajay