1 CGHC010307712022 2026:CGHC:27747 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4234 of 2022 1. Om Prakash S/o Jairam Teli Aged About 48 Years R/o Village Putta, Tahsil Baikunthpur, District : Koriya (Baikunthpur), Chhattisgarh. 2. Jai Prakash S/o Roop Narayan Teli Aged About 48 Years R/o Village Putta, Tahsil Baikunthpur, District : Koriya (Baikunthpur), Chhattisgarh. 3. Dev Prakash S/o Suresh Teli Aged About 35 Years R/o Village Putta, Tahsil Baikunthpur, District : Koriya (Baikunthpur), Chhattisgarh. ... Petitioners versus 1. State Of Chhattisgarh Through The Secretary, Department Of Revenue Mahanadi Bhawan New Raipur, District : Raipur (C.G.). 2. The Secretary Department Of Panchayat And Rural Development Mahanadi Bhawan New Raipur, District : Raipur (C.G.). 3. Commissioner Surguja Division Ambikapur, District Surguja (Ambikapur) (C.G.). 4. The Collector Koriya (Baikunthpur), District Koriya (Baikunthpur) (C.G.). 5. Sub Divisional Officer (Revenue) Baikunthpur, District : Koriya (Baikunthpur) (C.G.). 6. Nayab Tahsildar Patna, District : Koriya (Baikunthpur) (C.G.). 7. Divisional Forest Officer Baikunthpur, District : Koriya (Baikunthpur) (C.G.). 8. Assistant Commissioner Tribal Officer Baikunthpur, District : Koriya (Baikunthpur) (C.G.). 9. Gram Panchayat Putta Through Secretary Gram Panchayat Putta Block Baikunthpur (C.G.). 10. Sarpanch Of Gram Panchayat Putta Block Baikunthpur, District : Koriya (Baikunthpur) (C.G.). ... Respondents (Cause title taken from Case Information System) For Petitioner : Mr. A. N. Pandey, Advocate. For State/Respondents No.1 to 8 : Mr. Soumitra Kesharwani, P.L. For Respondent No.9 : Mr. Shashikesh Yadav, counsel appears on behalf of Mr. Pushkar Sinha, Advocate. Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 06/07/2026 1. Heard. 2. This petition has been preferred by petitioners under Article 226 of the Constitution of India seeking following reliefs:- DEEPTI JHA Digitally signed by DEEPTI JHA 2 “10.1 That, this Hon’ble Court may kindly be pleased to direct the respondent authorities to conduct the enquiry in respect of grant of patta of the subject land in favour or respondent No.9 and cancelled the patta of the respondent No.5 (Annexure-P/6). 10.2 That, this Hon’ble Court may kindly be pleased to direct the respondent authorities to consider and decide the application filed by the petitioners for grant of patta of the subject land within stipulated period. 10.3 That, this Hon’ble Court may kindly be pleased to set aside of the order dated 27.07.2022 (Annexure-P/10) passed by the respondent No.3 and further be pleased to protect the possession of the petitioner upon the subject land. 10.4 That, any other relief or reliefs may also be granted to the petitioner which this Hon’ble Court deems fit and proper in the facts and circumstances of the case.” 3. Learned counsel for the petitioner submits that petitioner is in possession of the land bearing Khasra No.431, rakba 0.03 hectare, 0.06 hectare and 0.035 hectare, situated at Village Panchayat Putta, Block Patna, District Koriya (C.G.) since long. However, subsequently the respondent No.5 has granted Patta/lease of the aforesaid land in favour of the respondent No.9 in an illegal or arbitrary manner, without considering the fact that petitioner is in possession over the said land, therefore, petitioner claimed for the aforesaid reliefs. 4. Learned counsel appearing for the respective respondents have not raised any objection. 5. I have heard learned counsel for the respective parties and perused the material available on record. 6. Considering this fact that the petitioner is mainly aggrieved by the order passed by the respondent No.5, wherein, the patta/lease has been granted in favour of the respondent No.9 of the land, in which the petitioner is in illegal possession of the same, as such if the petitioner seeks intervention of this 3 Court from cancellation of patta of respondent No.9, the petitioner firstly before the concerned Collector under the Revenue Book Circular. At this stage, learned counsel for the petitioner submits that he has already moved an application before the concerned Collector. 7. Be that as it may, since the petitioner is seeking patta for the land, which has already been allotted to respondent No.9 by way of the patta granted by the respondent/revenue authorities. In any case, the petitioner has to approach either for grant of patta or for cancellation of patta of respondent No.9 before the Collector concerned. As such the petitioner is directed to file appropriate application before the concerned Collector. 8. Further, considering the order dated 30.09.2022 passed by this Court has granted interim relief in favour of the petitioner, directing respondent authorities not to take any coercive steps against the petitioner and not to evict petitioner from the suit premises till 01.11.2022, but the said continued till date. As such the petitioner is directed to approach before the concerned Collector within a period of 10 days from today and in turn the concerned Collector is directed to decide the same within a period of 45 days. 9. It is further directed that interim relief, granted ealier vide order dated 30.09.2022 shall continue till 10 days from today. 10. With aforesaid observation and direction, this writ petition stands disposed of. 11. Interlocutory application(s), pending if any, also stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Deepti Jha