Chhabilal Sahu Vs State of Chhattisgarh

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Digitally signed by AVANISH KUMAR PATHAK Date: 2024.12.19 10:32:54 +0530

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2024:CGHC:49666

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 6234 of 2024

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1 - Chhabilal Sahu S/o Shri Minlal Sahu Aged About 38 Years R/o VillageSonisili Tahsil- Gobra Nawapara, District- Raipur, C.G.

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2 - Ganesh Yadav S/o Late Shri Rangi Yadav Aged About 65 Years R/o Village- Sonisili Tahsil- Gobra Nawapara, District- Raipur, C.G.

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3 - Gukul Yadav S/o Shri Ganesh Yadav Aged About 38 Years R/o VillageSonisili Tahsil- Gobra Nawapara, District- Raipur, C.G.

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4 - Fulsingh S/o Late Shri Sukhram Sahu Aged About 45 Years R/o VillageSonisili Tahsil- Gobra Nawapara, District- Raipur, C.G.

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5 - Dasri Vishwakarma W/o Late Shri Pathram Vishwakarma Aged About 60 Years R/o Village- Sonisili Tahsil- Gobra Nawapara, District- Raipur, C.G.

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6 - Dhalu Ram Sahu S/o Shri Bhagwan Singh Sahu Aged About 48 Years R/o Village- Sonisili Tahsil- Gobra Nawapara, District- Raipur, C.G.

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7 - Judawan Sahu S/o Shri Bhagwan Singh Sahu Aged About 45 Years R/o Village- Sonisili Tahsil- Gobra Nawapara, District- Raipur, C.G.

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8 - Chhatrapal Sahu S/o Late Shri Sukhram Sahu Aged About 44 Years R/o Village- Sonisili Tahsil- Gobra Nawapara, District- Raipur, C.G.

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... Petitioner(s)

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versus

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1 - State Of Chhattisgarh Through Secretary, Revenue And Disaster Management Department Mahanadi Bhawan, Mantralaya Atal Nagar Nawa Raipur, District- Raipur, C.G.

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2 - The Collector District- Raipur, C.G.

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3 - The Tahsildar Tahsil- Gobra Nawapara, District- Raipur, C.G.

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4 - The Sarpanch Gram Panchayat Sonisili, Tahsil- Gobra Nawapara, DistrictRaipur, C.G.

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... Respondent(s)

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2

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For Petitioners : Mr. Vineet Kumar Pandey, Adv. For Respondents No. 1 to 3 : Mr. Satish Gupta, Govt. Adv.

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(Hon’ble Naresh Kumar Chandravanshi, J)

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Order on Board

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16/12/2024

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Petitioners have preferred this writ petition under Article 226 of the Constitution of India seeking following reliefs :-

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10.1 The Hon'ble Court may kindly be pleased to issue writ/ order/ appropriate direction towards the respondent no. 1 to 3 to consider and decide the petitioner's application for allotment of patta/ Bhumi-swami rights with regard to aforesaid land in accordance with the government scheme.

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10.2 The Hon'ble Court may kindly be pleased to direct the respondents not to disturb the peaceful possession of the petitioners over the aforesaid land bearing khasra no. 443/1 and khasra no. 528/1 new khasra no. 1018, 1136, 1137, 1150, and 352 situated at village Sonisili District Raipur till final decision of petitioners application.

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10.3 That, the Hon'ble Court may kindly be pleased to grant any other relief, as it may deem fit and appropriate.

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Learned counsel for the petitioners would submit that, petitioners are landless persons, residing at village Sonisili, Tahsil Gobra Nawapara, Distt. Raipur (CG). They are residing there since their ancestors, by constructing house over part of government land bearing Khasra No. 1136, 1137, 1150 and 352, total area 90 acre situated at Patwari Halka No. 42, Tahsil Gobra Nawapara, Distt. Raipur (CG). Petitioners have filed separate applications (Annexure P-3) dated 3-4-2023 before respondent No.

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3

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3/Tahsildar, Tahsil Gobra Nawapara for allotment of Patta in their favour in respect of respective land occupied by them, but the same has not been decided yet. Therefore, he submits that, this petition may be disposed of directing respondent No. 3 to decide their applications within the period specified by this Court.

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Learned State counsel would submit that applications filed by the petitioners shall be considered and decided in accordance with law.

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Heard learned counsel for the parties and perused the material available on record.

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Having heard learned counsel for the parties and having considered the fact that the petitioners are landless persons and as stated that, they are residing at the said village since their ancesters, therefore, considering the limited prayer made by learned counsel for the petitioners, this petition is disposed of directing respondent No. 3 to decide the applications (Annexure P-3) dated 3-4-2023 filed by the petitioners as early as possible preferably within a period of six months from the date of receipt/submission of copy of this order.

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With the aforesaid observations and directions, this petition is disposed of at motion stage.

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Interlocutory application(s), if any, also stands disposed of.

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Sd/-

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( Naresh Kumar Chandravanshi )

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JUDGE

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Pathak

Chhabilal Sahu v. State of Chhattisgarh

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Chhabilal Sahu v. State of Chhattisgarh

Case brief

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