1 CGHC010106052021 2026:CGHC:38863 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2090 of 2021 1 - Praveen Chandrakar (Died) Through Legal Heirs- 1.1 - Janak Dulari Wd/o Late Praveen Chandrakar, Aged About 60 Years R/o Village Bhusrenda, Tahsil Kurud, District Dhamtari (C.G.) 1.2 - Vikash Chandrakar S/o Late Praveen Chandrakar, Aged About 45 Years R/o Village Bhusrenda, Tahsil Kurud, District Dhamtari (C.G.) 1.3 - Akash Chandrakar S/o Late Praveen Chandrakar Aged About 43 Years R/o Village Bhusrenda, Tahsil Kurud, District Dhamtari (C.G.) --- Petitioners Versus 1 - State Of Chhattisgarh Through The Collector, Dhamtari, District Dhamtari Chhattisgarh 2 - Arun Kumar Chandrakar S/o Lalji Chandrakar R/o Village Bhusrenga, Tahsil Kurud, District Dhamtari Chhattisgarh 3 - Anil Kumar Chandrakar S/o Lalji Chandrakar R/o Village Bhusrenga, Tahsil Kurud, District Dhamtari Chhattisgarh 4 - Sunil Kumar Chandrakar S/o Lalji Chandrakar R/o Village Bhusrenga, Tahsil Kurud, District Dhamtari Chhattisgarh 2 5 - Smt. Mathura Bai Chandrakar D/o Santuram Chandrakar R/o Village Bhusrenga, Tahsil Kurud, District Dhamtari Chhattisgarh 6 - Narmada Bai D/o Seturam Chandrakar R/o Village Bhusrenga, Tahsil Kurud, District Dhamtari Chhattisgarh 7 - Kumari Bai Chandrakar W/o Lalji Chandrakar, D/o Seturam Chandrakr R/o Village Bhusrenga, Tahsil Kurud, District Dhamtari Chhattisgarh 8 - Bhagwati Bai Chandrakar W/o Indrakumar Chandrakar R/o Village Bhusrenga, Tahsil Kurud, District Dhamtari Chhattisgarh 9 - Vikash Kumar Chandrakar S/o Praveen Chandrakar R/o Village Bhusrenga, Tahsil Kurud, District Dhamtari Chhattisgarh 10 - Mohan Lal Chandrakar S/o Late Chhabilal Aged About 35 Years Bramhanpara, Ahead Dena Bank, Sarojani Chowk, Kurud, District Dhamtari Chhattisgarh 11 - Smt. Premlata W/o Vishnu Chandrakar Aged About 53 Years R/o Santoshi Nagar, Gupta Chowk, Camp- 2, Power House, Bhilai, District Durg Chhattisgarh 12 - Tularam S/o Mohanlal Aged About 50 Years Bramhanpara, Ahead Dena Bank, Sarojani Chowk, Kurud, District Dhamtari Chhattisgarh 13 - Narendra S/o Mohan Lal Aged About 48 Years Bramhanpara, Ahead Dena Bank, Sarojani Chowk, Kurud, District Dhamtari Chhattisgarh --- Respondents WPC No. 2477 of 2021 1 - Praveen Chandrakar (Died) Through His Legal Heirs As Per The Hon'ble Court Order Dated 30-06-2021. 2 - Janak Dulari Wd/o Late Praveen Chandrakar Aged About 60 Years R/o Village Bhusrenda, Tahsil Kurud, District Dhamtari Chhattisgarh. 3 - Vikash Chandrakar S/o Late Praveen Chandrakar Aged About 45 Years R/o Village Bhusrenda, Tahsil Kurud, District Dhamtari Chhattisgarh. 3 4 - Akash Chandrakar S/o Late Praveen Chandrakar Aged About 43 Years R/o Village Bhusrenda, Tahsil Kurud, District Dhamtari Chhattisgarh. ---Petitioners Versus 1 - State Of Chhattisgarh Through The Collector, Dhamtari, District Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh 2 - Yashpal S/o Late Dhaluram R/o Village Bhusrenga, Tahsil Kurud, District Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh 3 - Chitrarekha Bai D/o Dhaluram R/o Village Bhusrenga, Tahsil Kurud, District Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh 4 - Savitri Bai Wd/o Late Shyamlal Aged About 75 Years R/o Village Dahdaha, P.O., And Tahsil Kurud, District Dhamtari Chhattisgarh. R/o Village Bhusrenga, Tahsil Kurud, District Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh 5 - Ganga Prasad S/o Late Paduman Aged About 73 Years (Ex-Parte), R/o Near Dena Bank, Sarojani Chowk, Kurud, District Dhamtari Chhattisgarh. R/o Village Bhusrenga, Tahsil Kurud, District Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh 6 - Lalita Bai W/o Shri Chintaram Aged About 66 Years R/o Village And Post Anda, District Durg Chhattisgarh. R/o Village Bhusrenga, Tahsil Kurud, District Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh 7 - Chandan Chandrakar S/o Late Gopal Aged About 45 Years (Ex - Parte) R/o Nearby Dena Bank, Sarojani Chowk, Kurud, District Dhamtari, Chhattisgarh. R/o Village Bhusrenga, Tahsil Kurud, District Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh 8 - Nirmala Bai Wd/o Late Gopal Aged About 60 Years R/o Nearby Dena Bank, Sarojani Chowk, Kurud, District Dhamtari, Chhattisgarh. R/o Village Bhusrenga, Tahsil Kurud, District Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh 4 9 - Ravish Chandrakar S/o Late Gopal Aged About 30 Years R/o Nearby Dena Bank, Kurud, District Dhamtari Chhattisgarh. R/o Village Bhusrenga, Tahsil Kurud, District Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh --- Respondents For Petitioners : Mr. H.B. Agrawal, Senior Advocate along with Ms. Preeti Yadav For Respondents- State : Mr. Atanu Ghosh, Dy. Government Advocate along with Mr. Rajkumar Sahu, Advocate SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 01 /09/2026 1. As common issue has been raised in all these writ petitions by petitioners, therefore, they are being heard together and disposed of by this common order. 2. For convenience of this Court, WPC No. 2090 of 2021 is taken as lead case, in which following reliefs have been sought:- “10.1 That, this Hon'ble Court may kindly be pleased to allow the petition and quash the order refusing to revert back the surplus land measuring at 34.38 acres to the petitioner vide order dated 11.02.2021 (Annexure P/1) be held to be illegal in view of Annexure P/2, whereby the provisions added vide M.P. Act no. 8/89 relied by Additional Collector, Dhamtari as illegal and ultra vires, hence return the same, if same land is not possible then order for choosing any other unirrigated land of government measuring 34.38 acres be returned to the petitioner. 10.2 Cost of the petition be awarded and. 10.3 Any other relief which this Hon'ble Court may deem fit, be also awarded.” 3. Learned counsel for the Respondent/State raises an objection with regard to maintainability of the writ petition on the ground that the petitioner is having the alternate efficacious remedy under Section 42 of the Chhattisgarh Ceiling on Agricultural Holdings Act, 1960. 4. After arguing for sometime, learned counsel for the petitioner submits that he may be permitted to withdraw this writ petition at this stage with liberty to avail the other remedy available under the law. 5 5. On due consideration of the submission of counsel for the respective parties, this writ petition is dismissed as withdrawn at this stage, reserving liberty with the petitioner to avail the alternate remedy available under the law. 6. Office is directed to return back the certified copy of the documents enclosed along with the writ petitions after retaining photocopies of the same. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY