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2026 DAILYLAW 37067 (CHH)

RAMESH CHOUHAN v. STATE OF CHHATTISGARH

WPC/4871/2026 · 2026-09-23

Shri Amitendra Kishore Prasad

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Judgment text

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1 CGHC010368462026 2026:CGHC:41498 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4871 of 2026 1 - Ramesh Chouhan S/o Sundarlal Chouhan Aged About 34 Years R/o Village- Panchayat Raimji P.H. No./ R.I Circle Khamharpali Tahsil- Saraipali District- Mahasamund (C.G.) ... Petitioner(s) versus 1 - State of Chhattisgarh Through Secretary Department of Revenue And Disaster Management Mahanadi Bhawan Atal Nagar, Nawa Raipur District Raipur (C.G.) 2 - The Collector District Mahasamund Chhattisgarh 3 - The Sub Divisional Officer (Revenue) Saraipali Dist- Mahasamund (C.G.) 4 - The Tahsildar Tahsil- Saraipali Dist- Mahasamund (C.G.) 5 - The Gram Panchayat Rimji Through its Sarpanch Secretary Tahsil- Saraipali Dist- Mahasamund (C.G.) ... Respondent(s) ( Cause title taken from CIS Periphery) For Petitioner(s) : Mr. Mahendra Rathia along with Ms. Shakuntla Ratre, Advocate For Respondent /State : Dr. Arham Siddiqui, P.L. SB: Hon’ble Mr. Justice Amitendra Kishore Prasad RUCHI YADAV Digitally signed by RUCHI YADAV 2 Order on Board 24/09/2026 1. By way of the present petition, the petitioner has prayed for following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to issue a writ of mandamus directing the respondents, particularly Respondent No.2 Collector, District Mahasamund, and/or the competent Revenue Authority to consider and decide the Petitioner's application/representation seeking settlement/regularization of his long-standing possession over approximately 0.80 hectare of Government land forming part of Khasra No. 2652, situated at Village Rimji, P.H. No./R.I. Circle Khamarpali, Tahsil Saraipali, District Mahasamund, Chhattisgarh; 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondents to conduct necessary spot inspection, measurement/demarcation and verification of the revenue records, if required, and thereafter determine the Petitioner's eligibility for settlement / regularization in accordance with the applicable provisions of the Chhattisgarh Land Revenue Code, 1959 and the Government rules, circulars and policies applicable to such cases. 10.3 That, this Hon'ble Court may kindly be pleased to direct the respondents to initiate and complete the proceeding in accordance with law within a time bound period of 30 days, or within such period as this Hon'ble Court may deem fit and proper, from the date of receipt of a certified copy of the order 3 passed by this Hon'ble Court, and to communicate a reasoned and speaking order to the Petitioner upon disposal of this application /representation; 10.4 That, this Hon'ble Court may kindly be pleased to grant any other relief(s) that this Hon'ble Court may deem just and proper in the facts and circumstances of the case.” 2. Learned counsel for the petitioner submits that the petitioner has been in occupation of the Government land in question for the last 23 years. He further submits that the petitioner is a landless person and belongs to a Below Poverty Line (BPL) family. It is submitted that the petitioner has filed an application dated 04.07.2025 before the concerned Collector, Mahasamund, seeking settlement of the Government land in his possession. However, the said application has not been decided till date, causing hardship to the petitioner. He therefore submits that the concerned Collector may be directed to consider and decide the said application and pass an appropriate order in accordance with law, after affording due opportunity of hearing to the petitioner, so that his claim for settlement/lease/patta in respect of the land in question may be considered. 3. Learned State counsel submits that the application filed by the petitioner shall be considered and decided in accordance with law within the stipulated period. 4. Heard learned counsel for the parties and perused the material available on record. 5. Considering the aforesaid facts and circumstances of the case and the limited prayer made by the petitioner, the concerned Collector, 4 Mahasamund (C.G.), is directed to consider and decide the application dated 04.07.2025 filed by the petitioner and pass an appropriate order in accordance with law, after affording due opportunity of hearing to the petitioner, within a period of 60 days from the date of receipt of a copy of this order. 6. It is made clear that this Court has not expressed any opinion on the merits of the petitioner's claim, including his claim for settlement/lease/patta of the land in question and the concerned authority shall decide the same strictly in accordance with law. 7. The petitioner is directed to approach the concerned Collector along with a copy of this order and all relevant documents in support of his claim. 8. Learned State counsel shall communicate this order to the concerned Collector for necessary compliance. 9. With the aforesaid observation and direction, the present petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Ruchi