1 2026:CGHC:16773 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3160 of 2020 1 - Madan Mohan Hazra (Died) Through Lrs. As Per Honble Court Order Dated 16-06- 2025. 1. (A). Manushri Hazra W/o Late Madan Mohan Hazra Aged About 65 Years 1 (B). Saraswati Hazra W/o Late Madan Mohan Hazra Aged About 73 Years 1. (C). Puspen Hazra S/o Late Madan Mohan Hazra Aged About 54 Years 1. (D). Radharani Hazra D/o Late Madan Mohan Hazra Aged About 49 Years. 1 (E). Latarani Mandal D/o Late Madan Mohan Hazra Aged About 45 Years. 1. (F). Swapan Hazra S/o Late Madan Mohan Hazra Aged About 43 Years. 1. (G). Prashant Hazra S/o Late Madan Mohan Hazra Aged About 41 Years. All R/o Civil Line Kharsiya Tahsil Kharsiya District Raigarh Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary Department Of Revenue And Disaster Management, Mahanadi Bhawan, Mantralaya, Atal Nagar New Raipur District Raipur (Chhattisgarh).] 2 - Collector Raigarh District- Raigarh (Chhattisgarh). 3 - Sub Divisional Officer (R)/ Nazul Officer Kharsiya, District- Raigarh (Chhattisgarh). 4 - Tahsildar Kharsiya, District Raigarh (Chhattisgarh). ... Respondent(s) For Petitioner(s) : Shri FS Khare, Advocate. For State/ Res : Shri Siddharth Sharma, PL. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2026.04.16 10:55:26 +0530 2 13/04/2026 1. The Writ Petition has been filed against the impugned proceedings of auction of Nazul Land being plot No.20/1 area 600 feet situated at Purani Basti Kharsiya District Raigarh C.G., initiated on 05.10.2020 (Annexure P/1) by Respondent No.3. 2. The petitioner by way of this Writ Petition has prayed for the following reliefs:- 10.1 That this Hon'ble court kindly be pleased to quash the impugned proceeding of auction initiated on 05.10.2020 (P/1) by the respondent no. 3 being illegal and against the welfare of petitioner. 10.2 That, the Hon'ble Court may kindly be pleased to further direct the respondent no. 3 that as per government scheme, the plot no. 20/1 area 600 feet vest is favour of petitioner after depositing 152% amount. 10.3 This Hon'ble court may kindly be call for the records for its kind perusal which relates to petitioner's matter. 10.4 Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favour of the petitioner. 3. Facts of the case in a nutshell are that in the year 1997-1998 a "Patta" was granted to the petitioner under Rajiv Gandhi Ashraya Mission. The petitioner has constructed the house and is residing with his family. In front of the house, the plot no. 20/1 area 600 feet is situated, which is Nazul Land. When the petitioner got knowledge after reading the "Isthar" dated 09.11.2020 that the respondent no. 3 & 4 have initiated a proceeding for auction of the plot no. 20/1 area 600 feet, then the petitioner without delay made an objection to the respondent no. 3 & 4 that not to auction the plot no. 20/1 as there is no other road for the petitioner and his family for their use. It is further submitted that there is scheme of the government that if any person is in possession on the government land and if he ready to purchase the same than he has to pay 152 % amount to government 3 and then the government land shall be vested in his favour. As per the scheme of the government, the petitioner made a representation to the respondent no. 3 on 12.11.2020 that he is ready to purchase the plot no. 20/1 after deposing 152% amount because he has no other road for his use. The respondent no. 3 & 4 ignored the request of the petitioner and fixed the date 25.11.2020 for auction. On 25.11.2020 the petitioner has once again requested to the respondent no. 2 that cancel the auction and vest the land in his favour as he is ready to deposit 152% amount of land as per scheme of government. Due to some reason, which is not known to petitioner, the auction of land plot no. 20/1 is postponed. The petitioner submits that he is no other road for use and if the land is vested in his favour after depositing 152% amount of price fixed by the government, then his problems would be solved, because the government is also selling the land through auction proceeding. The respondent no. 3 has not considered the petitioner's objections and representation till date. The petitioner is having great apprehension that the respondents would sale the plot no. 20/1 through auction. Being aggrieved by the impugned proceeding of auction initiated by respondent no. 3, the petitioner has preferred this petition. 4. Learned counsel for the petitioner submits that the respondent authorities are not taking into consideration the plight of the petitioner as the land in auction is the only road available to the petitioner for use and if the said land is auctioned to some other person then the said land would be blocked by the said person and the petitioner would not be able to use the said road. 5. Learned counsel for the petitioner submits that even otherwise the land is being auctioned by incurring procedural expenses by the respondent authorities, whereas the petitioner is already at their doorstep to purchase the land in 4 question as per the scheme of Government by depositing 152 % amount. Hence the impugned auction proceedings of the land in question may be quashed and this petition may be allowed. 6. On the other hand, learned State counsel submits that the present writ petition is not maintainable as there is already an efficacious remedy available to the petitioner under per Part 4 of the Revenue Book Circular which is नगर निनगमों, नगरपालिका नगरों तथा अधिसूधित क्षेत्रों की सीमाओं के भीतर नजू भूनिमयों की निधि तथा व्यस्था. Therefore, this Writ Petition is liable to be dismissed being non maintainable. 7. I have heard learned counsel for the parties and perused the record available with the petition. 8. In the case at hand, in front of the house of the petitioner, the plot no. 20/1 area 600 feet is situated, which is a Nazul Land and for auction of the said land, an "Isthar" dated 09.11.2020 was issued to the effect that the respondent authorities have initiated auction proceedings of the said land. It is pleaded by the petitioner that the about to be auctioned land is only road available for him to commute, as such, he is willing to purchase the said land by depositing 152 % amount under the scheme of government applicable. 9. As per the submission made by learned State counsel, the petitioner is already having an alternative efficacious remedy to redress his grievance as per Part 4 of Revenue Book Circular, therefore, this Writ Petition is disposed of directing the petitioner to approach the competent authority under the Revenue Book Circular to redress his grievance and in turn, the said Authority is directed to consider and decide the grievance of the petitioner by passing appropriate order in accordance with law after giving due opportunity of hearing to the petitioner. 5 10. It is made clear that this Court has not expressed any opinion on the merits of the case and the authority concerned shall pass order on its own merits. Sd/- (Amitendra Kishore Prasad) Judge Avinash