Disposed

Mohammed Rajaali v. State of Chhattisgarh

Chhattisgarh HC2 Feb 2023WPC/553/2023

Case brief

AI extract

What is this about?

Hon'ble Justice P. Sam Koshy disposed of a writ petition regarding non-grant of 'Van Adhikar Patta' by directing the petitioner to file a proper application within seven days. Authorities must consider it within 60 days and refrain from demolition steps for that period. The court emphasized respondents cannot act without an application.

What did the court decide?

Petitioner to file application for Van Adhikar Patta; authorities to decide within 60 days; no demolition for 60 days.

Mohammed Rajaali Vs State of Chhattisgarh — Land Acquisition | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 553 of 2023

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Mohammed Rajaali S/o Liyakat Husain Aged About 33 Years R/o. Village Lakha, District : Raigarh, Chhattisgarh

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---- Petitioner

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Versus

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State Of Chhattisgarh Through Department Of Revenue, Naya Mantralaya, Raipur, District : Raipur, Chhattisgarh

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The Secretary, Gram, Panchayat Lakha, District : Raigarh, Chhattisgarh

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The Secretary Forest Mahanadi Bhawan, New Raipur, District : Raipur, Chhattisgarh

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The Sub-Divisional Officer (Revenue) Raigarh, District : Raigarh, Chhattisgarh

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The Collector Raigarh, District Raigarh.

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The Divisional Forest Officer, District Forest Office, Raigarh, District : Raigarh, Chhattisgarh

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---- Respondent

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For Petitioner For State

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: Mr. Krishna Tandon , Advocate : Ms. Akanksha Jain, Deputy G.A.

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

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02/02/2023

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Ignoring the default pointed out by the Registry since en number of similar petitions have been disposed of, present writ petition also stands disposed of in similar terms.

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The grievance of the petitioner seems to be the inaction on the part of the respondents in not considering her request for grant of “Van Adhikar Patta”.

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Perusal of the record would show that in fact the petitioner till date has not approached the authorities by a proper application for issuance of any proper “Van Adhikar Patta”. Unless an application is filed, it cannot

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be expected from the respondents of their own to initiate proceedings in favour of the petitioner.

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Accordingly, this Court is disposing of the present Writ Petition, reserving the right of the petitioner to approach the concerned authorities for issuance of “Van Adhikar Patta” in accordance with the requirement of law. Upon the Petitioner approaching the Respondent No. 2 to 6, the Respondents No. 2 to 6 in-turn shall guide the petitioner regarding the manner in which the petitioner has to approach for grant of Patta, in-stead of outrightly rejecting the same. Upon such application being made in the required format, the same may be considered by the authorities in accordance with the law governing the field, particularly verifying the entitlement part of the petitioner.

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Subject to the petitioner moving an application within a period of 7 days before the competent authorities, the competent authorities are expected to take a decision in accordance with law within a further period of 60 days. Meanwhile, for a period of 60 days the respondents shall not initiate any coercive steps so far as demolition of the house constructed by the petitioner at the subject land.

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With the aforesaid observations the present writ petition stands disposed of.

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Sd/-

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(P. Sam Koshy) Judge

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Ved

Mohammed Rajaali v. State of Chhattisgarh

Case brief

What is this about?

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Mohammed Rajaali v. State of Chhattisgarh

Case brief

What is this about?

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