Gopal Majumdar Vs State of Chhattisgarh

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Digitally signed by AVANISH KUMAR PATHAK Date: 2024.12.19 10:55:20 +0530

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2024:CGHC:49684

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6250 of 2024

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1 - Gopal Majumdar S/o Late Ashwini Majumdar Aged About 63 Years Caste Bengali Kayastha R/o Subhash Nagar, P.H.N. - 6 Ambikapur, Tahsil - Ambikapur, District Surguja, Chhattisgarh.

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... Petitioner

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versus

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1 - State Of Chhattisgarh Through Department Of Revenue Mahanadi Bhawan Atal Nagar, New Raipur, Chhattisgarh.

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2 - Collector Ambikapur, District Surguja, Chhattisgarh.

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3 - Sub Divisional Officer (Revenue), Ambikapur District Surguja, Chhattisgarh.

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4 - Tahsildar Ambikapur, District Surguja, Chhattisgarh.

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... Respondents

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For Petitioner : Mr. Nishikant Sinha, Adv. For Respondent(s) : Mr. Vedant Shadangi, PL.

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(Hon’ble Mr. Naresh Kumar Chandravanshi, J)

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Order on Board

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16/12/2024

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1. Petitioner has preferred this writ petition under Article 226 of the

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Constitution of India seeking following reliefs:-

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10.1 That, this Hon'ble Court may kindly be pleased to direct the respondent no. 2 to 4 to conclude the proceedings of Revenue Case No. 75/A-21/2005-06

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(pending before respondent no.4) and Revenue Case no.

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116/A-21/2005- 06 (pending before respondent no. 3) and pass appropriate order in accordance with law within some

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stipulated period of time, in the interest of justice.

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2

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10.2 Any other relief (s) that this Hon'ble Court may deem

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fit to grant in the facts and circumstances of this case.

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2. Learned counsel for the petitioner submits that petitioner is an ab-original tribe, resident of Subhash Nagar, Ambikapur, Tahsil Ambikapur, Distt. Surguja and owner of land bearing Khasra No. 201, 208 area 0.23 acre and and 2.63 acre respectively. The petitioner had filed an application under Section 165 of the CG Land Revenue Code, 1959 to obtain permission to sell 10 decimal land out of the land bearing Khasra No. 208/4, area 0.080 hectare in the year, 2005. Thereafter, respondent No. 2/ Collector, Ambikapur, Distt. Sarguja sought various reports from respondent No. 4/Tahsildar, Ambikapur, Distt. Surguja. Ultimately, such report was submitted to the respondent No. 3/ Sub Divisional Officer (Revenue), Ambikapur, District Sarguja, which has been forwarded to the respondent No. 2 on 4-2-2021, despite that, the application filed by the petitioner in the year 2005 has not been decided yet. Therefore, learned counsel submits that, this petition may be disposed of directing respondent No. 2 to decide application (Annexure P-1) dated 25-102005 filed by the petitioner within the period specified by this Court.

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3. Per contra, learned counsel for the State would submit that, the application filed by the petitioner dated 25-10-2005 shows that, he and his brother Ranjit Majumdar had sought permission from respondent No. 2 to sell the said piece of land for getting treatment of petitioner. Thereafter, about 19 years have passes, as such, purpose to sell the said land may have lost its efficacy as the petitioner has not filed any document to demonstrate the fact that, he is still in need of money for his treatment. However, he submits that the respondent No. 2 may be directed to decide the application filed by the petitioner.

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3

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

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5. It is sorry state of affair that the petitioner filed application (Annexure P-1) for seeking permission to sell the land on 25-10-2005, thereafter about 19 years have passed, but the respondent no. 2 has not decided the application. Although, the reason shown by the petitioner for permission to sell the land may have lost its efficacy, despite that, the respondent No. 2/Collector, Ambikapur, Distt. Surguja is obliged to take the application to its logical end in accordance with law. Therefore, having considered the limited prayer of the petitioner, this petition is disposed of directing respondent No. 2/Collector, Surguja to decide the application (Annexure P-1) dated 25-10-2005 filed by the petitioner within a period of 30 days from the date of receipt/submission of copy of this order.

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

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Pending interlocutory applications, 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

Gopal Majumdar v. State of Chhattisgarh

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Gopal Majumdar v. State of Chhattisgarh

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