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2026 DAILYLAW 25784 (CHH)

SUKHEN YADAV v. STATE OF CHHATTISGARH

WPC/3381/2022 · 2026-07-09

Shri Amitendra Kishore Prasad

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Judgment text

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1 CGHC010246242022 2026:CGHC:28853 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3381 of 2022 1 - Sukhen Yadav S/o Matwar Yadav Aged About 36 Years Caste Yadav, R/o Village Hardivishal, Tahsil And Police Station Baloda, District Janjgir - Champa Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mahanadi Mantralaya, Naya Raipur , Atal Nagar, Post Office And Police Station Naya Raipur , District Raipur Chhattisgarh 2 - Collector Janjgir - Champa, District Janjgir - Chama Chhattisgarh 3 - Sub Divisional Officer (Revenue), Janjgir - Champa , District Janjgir - Champa, Chhattisgarh 4 - Naib Tahsildar Baloda, District Janjgir - Champa, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Aniruddh Shrivastava appears on behalf of Shri Shaleen Singh Baghel, Advocates. For Respondent(s) : Dr. Arham Siddiqui, PL. SB: Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 10/07/2026 1. This Writ Petition has been filed for the following reliefs:- i. That, this Hon'ble Court may kindly be pleased to quash/set aside the order dated 11/4/2022 passed by the respondent No.2 in case No.202112060100006/A-19(1)/ 2021-22. ii.That, this Hon'ble Court may kindly be pleased to direct the respondent No.2 to allot Government patta in favor of the AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2026.07.10 18:49:07 +0530 2 petitioner in respect of the subject land i.e. Khasra No.355 area 1.50 acres situated at village Hardivishal, Tahsil Baloda, within the stipulated time period iii.Cost of the petition may also be granted to the petitioner. iv. Any other relief, which this Hon'ble Court deems fit and proper, may also kindly be granted to the petitioner, in the interest of justice. 2. Learned counsel for the petitioner submits that the grand father of the petitioner obtained patta in respect of land bearing khasra No.355 area 1.50 acres vide patta dated 20/10/1949 and since then they are earning their livelihood by doing the agricultural work. It is submitted that subsequently khasra No.355 has been divided as khasra No.355/1 area 1.537 hectare and khasra No.355/2 area 0.405 hectare. Khasra No.355/1 has been shown as Government land Bagadbari and 355/2 has been shown as Khalihar/sadak. The reasons for dividing the khasra is best known to the authorities concerned. He submits that against the said action, father of the petitioner filed an application before the respondent No.2 and requested for allotment of Government patta in respect of the subject land. In the said matter the Patwari after inspection, prepared the panchnama and submitted the report before the respondent No.2 and on the basis of the same, the respondent No.2 by the order impugned declined to grant Government patta in respect of the subject land in favour of the petitioner. 3. Learned State counsel submits that upon looking to the relief clause 10.1 and 10.2, it seems that the petitioner is aggrieved of the order passed by the Collector who rejected the claim of the petitioner for grant of patta. He submits that after passing of such an order, the petitioner ought to approach before the competent authority under revision or appeal under Revenue Book 3 Circular, however, the petitioner instead of availing himself of the said remedy, has directly filed this petition, which is not maintainable and liable to to dismissed on this count. 4. Considering the fact that the petitioner has alternate remedy available with him for his redressal of his grievance, the petitioner is relegated to file appropriate appeal/revision against the order impugned before the competent authority as available under the law. 5. With the aforesaid observation/direction, this Writ Petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Avinash