Allowed

Smt. Sadhana Soni v. State of Chhattisgarh

Chhattisgarh HC6 Feb 2023MCC/76/2023

Case brief

AI extract

What is this about?

This is an MCC which allows the petitioner to modify the order dated 10.01.2023 in WPC No. 93 of 2023 by inserting omitted paragraphs granting liberty to approach authorities for alternative land due to clerical error.

What did the court decide?

The order dated 10.01.2023 in WPC No. 93 of 2023 stands modified by including paragraphs granting liberty for alternative land allotment.

Smt. Sadhana Soni Vs State of Chhattisgarh — Writ and Judicial Review | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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MCC No. 76 of 2023

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Smt. Sadhana Soni W/o Shri Raghuvanshi Soni Aged About 44 Years R/o Village - Rishdi, P.H.No. 18, Tahsil And District Korba, Chhattisgarh

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---- Petitioner

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Versus

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State Of Chhattisgarh Through- The Secretary, Chhattisgarh Revenue And Disaster Management Department, Mahanadi Bhawan, Mantralaya, Nava Raipur, District : Raipur, Chhattisgarh

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Collector Korba, District - Korba, Chhattisgarh

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Sub - Divisional Officer (Ra) Korba, District - Korba, Chhattisgarh

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Tahsildar Korba, District - Korba, Chhattisgarh

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Nazul Tahsildar Korba, District - Korba, Chhattisgarh

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Station House Officer Police Station Rampur, Korba, District - Korba, Chhattisgarh

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Revenue Inspector P.H. No. 18, Korba, District - Korba, Chhattisgarh

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---- Respondents

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For Petitioner For State

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: Mr. Dhiraj Kumar Wankhede, Advocate : Mr. Trivikram Nayak, P.L.

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Hon'ble Shri Justice P. Sam Koshy Order on Board

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06/02/2023

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The present MCC has been filed seeking modification of the order dated 10.01.2023 passed in WPC No. 93 of 2023.

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The modification sought for is to the extent that in the course of disposal of the aforesaid Writ Petition, certain paragraphs which were dictated by this Court stands omitted because of clerical error.

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According to the Counsel for petitioner, some identical Writ Petitions which were disposed off on the same date, contained the following paragraph 11 and 12:-

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“ 11 Be that as it may, considering entire facts and circumstances of the case, particularly taking note of the :

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(I) That it is peak winter season now.

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(ii) Petitioners are in possession of the said place for more than a decade.

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(iii) Petitioners claim that they are landless people and this is the only piece of land that they have in their possession.

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(iv) Government have schemes and welfare policies for providing land to the landless people and home to the homeless people.”

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12. Under the given factual backdrop, in addition to the right of the petitioners to prefer an appeal against the order dated 28.09.2021, 28.09.2021 & 20.08.2020 respectively, if the law so permits before Appellate Authority, the petitioners are also at liberty to approach respondent No. 2 and also Commissioner, Municipal Corporation, Korba for allotment of alternative suitable land, if available, where the petitioners can be relocated and they can sustain their family and also can provide shelter to their family.”

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However, in the course of disposal of the aforesaid Writ Petition of identical nature i.e. WPC No. 93 of 2023 where the similar order was passed, the paragraph 11 and 12 incidentally stood missed.

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It is further contention of the Counsel for Petitioner that in other similar writ petitions, the liberty was also granted to the petitioner to approach the concerned Municipal Corporation moving appropriate application for alternative suitable land in view of the present land which is occupied by the petitioner, which again is missing.

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The limited modification sought for by the petitioner is not opposed by the State Counsel.

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The present MCC stands allowed. It is ordered that the order dated 10.01.2023 in WPC No. 93 of 2023 stands modified to the extent as indicated above.

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After Paragraph 9, the following paragraphs shall also be read as under:-

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“ 10 Be that as it may, considering entire facts and circumstances of the case, particularly taking note of the :

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(I) That it is peak winter season now.

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(ii) Petitioners are in possession of the said place for more than a decade.

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(iii) Petitioners claim that they are landless people and this is the only piece of land that they have in their possession.

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(iv) Government have schemes and welfare policies for providing land to the landless people and home to the homeless people.”

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11. Under the given factual backdrop, in addition to the right of the petitioners to prefer an appeal against the order dated 28.09.2021, 28.09.2021 & 20.08.2020 respectively, if the law so permits before Appellate Authority, the petitioners are also at liberty to approach respondent No. 2 and also Commissioner, Municipal Corporation, Korba for allotment of alternative suitable land, if available, where the petitioners can be relocated and they can sustain their family and also can provide shelter to their family.”

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The Registry is directed to take necessary steps in recalling the earlier order and to upload the modified corrected order.

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10. Let a copy of this order be made part of records of WPC No. 93 of 2023

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11. Accordingly, the present MCC stands allowed and disposed of.

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Sd/-

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(P. Sam Koshy) Judge

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Jyoti

Smt. Sadhana Soni v. State of Chhattisgarh

Case brief

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Smt. Sadhana Soni v. State of Chhattisgarh

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