Partly allowed

Jaydhar Mahkul v. State of Chhattisgarh

Chhattisgarh HC3 Feb 2023WPC/603/2023

Case brief

AI extract

What is this about?

The petitioner sought writ relief for inaction regarding grant of Van Adhikar Patta. The court found the petitioner failed to file a proper application. The Writ Petition was disposed of by directing the petitioner to approach authorities within 7 days, setting a 90-day timeline for consideration, and staying coercive steps.

What did the court decide?

The Writ Petition was disposed of by directing the petitioner to approach respondents within 7 days; authority to decide within 90 days; stay on demolition for 90 days.

Jaydhar Mahkul 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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Writ Petition (C) No.603 of 2023

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1. Jaydhar Mahkul S/o Late Danai Mahkul Aged About 49 Years R/o Village Lakha, District Raipur Chhattisgarh

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---- Petitioner

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Versus

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1. State of Chhattisgarh Through Department of Revenue, Naya Mantralaya, Raipur District Raipur Chhattisgarh

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2. The Gram Panchayat through Sarpanch, Lakha District Raigarh Chhattisgarh

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3. The Secretary Forest Mahanadi Bhawan, New Raipur District Raipur Chhattisgarh

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4. The Sub Divisional Officer (Revenue) Raigarh District Raigarh Chhattisgarh

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5. The Collector Raigarh District Raigarh Chhattisgarh

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6. The Divisional Forest Officer District Forest Office, Raigarh District Raigarh Chhattisgarh

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---- Respondents For Petitioner : Shri Krishna Tandon, Advocate. For State : Shri Vikas A Shrivastava, Panel Lawyer.

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

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03.02.2023.

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

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

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3. 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

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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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4. 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 90 days. Meanwhile, for a period of 90 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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inder

Jaydhar Mahkul v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Jaydhar Mahkul v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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