Disposed

Smt. Nirmala Agrawal v. State of Chhattisgarh

Chhattisgarh HC8 Dec 2023WPC/3873/2023

Case brief

AI extract

What is this about?

In this writ petition, the Court directed the Collector, Durg, to decide the petitioner's representation for un-blocking her land within 60 days from the date of receiving the certified copy of this order.

What did the court decide?

Respondent No. 2 (Collector, Durg) shall consider and decide the petitioner's representation within 60 days from the date of receipt of the certified copy of this order.

Smt. Nirmala Agrawal Vs State of Chhattisgarh — Chhattisgarh HC (2023) — LawSathi Research

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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Writ Petition (C) No. 3873 of 2023

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Smt. Nirmala Agrawal, W/o- Lt. Subhash Agrawal, Aged about 60 years, R/o – Shriji Heights, Flat No. 101, Civil Lines, Raipur, District – Raipur (C.G.)

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---- Petitioner

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Versus

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State of Chhattisgarh, through the Secretary of the Revenue and Disaster management Department, Mahanadi Bhawan, Naya Raipur, Atal Nagar, Distt. -Raipur (C.G.)

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The Collector, Dist. - Durg (C.G.)

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The Sub Divisional Officer (Revenue), Patan, District – Durg (C.G.)

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The Patwari Halka No.03, Amleshwar, District Durg (C.G.)

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The Deputy Registrar, Durg, District – Durg (C.G.)

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---- Respondents

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For Petitioner : Mr. Sachin Nidhi, Advocate.

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For Respondents : Ms. Sameeksha Gupta, Panel Lawyer

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Hon'ble Mr. Justice Naresh Kumar Chandravanshi

Order On Board

08-12-2023

Heard.

This petition has been preferred by the petitioner for following reliefs :-

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10.1 That, this Hon'ble Court may kindly be pleased

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to call for entire record pertaining to the case of the

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petitioner for kind perusal of this Hon'ble Court.

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10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to unlock the aforesaid land of the petitioner for the execution of sale deed and decide the representation of the petitioner with respect of the order dated 02.01.2023 passed in WPC No. 5760/2022, in the interest of justice.

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10.3 Any other relief which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case be also granted.

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Learned counsel appearing for the petitioner would submit that the petitioner is a registered owner of the land bearing Khasra No. 628/1 & 628/3, admeasuring area 0.3351 hectare & 1.5016 hectare, respectively situated at village Amleshwar, Tahsil- Patan, District Durg (C.G.). He would further submit that petitioner intents to sell aforesaid land of her ownership to re-pay various loans taken by her but when she went to execute registered deed, then it is found that aforesaid land has been blocked in portal by revenue officials. He would further submit that to un-block her aforesaid land, she moved an application before Collector, Distt. Durg (C.G.), respondent No. 2 herein, on 22.5.2023 (Annexure P- 5), but despite lapse of about six months, here representation has not been decided yet, therefore, he prayed that this petition may be disposed of directing respondent No. 2 -Collector to consider & decide her representation within a specific time frame.

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Learned counsel appearing for State, on instructions, would submit that only one land bearing Khasra No. 628/1 has been blocked.

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However, she submits that in view of the limited prayer made by the petitioner, appropriate order may be passed.

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I have heard learned counsel appearing for the parties and perused the material available on record.

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The petitioner is said to be the owner of land bearing Khasra No. 628/1 & 628/3, ad-measuring area 0.3351 hectare & 1.5016 hectare, respectively situated at village Amleshwar, Tahsil- Patan, District Durg (C.G.) and to re-pay the loan taken by her, she intents to sell aforesaid land, but the same is said to be blocked by the Revenue officials, even after lapse of about 6 months, representation (Annexure P-6) dated 22.05.2023 given by her to Collector, Durg has not been decided yet.

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Thus, considering limited prayer made by counsel for the petitioner, it is directed that the respondent No. 2 – Collector, Durg shall consider and decide the representation (Aneexure P-5) of the petitioner expeditiously preferably within a period of 60 days from the date of receipt / production of certified copy of this order in accordance with law.

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With the aforesaid observations & directions, the writ petition stands disposed of.

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Sd/(Naresh Kumar Chandravanshi) Judge

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Amit/

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Smt. Nirmala Agrawal v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Smt. Nirmala Agrawal v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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