Shri Sourabh Sonchhatra Vs Atul Bajaj

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2025:CGHC:30423-DB

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NAFR

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Digitally signed by BABLU BABLU RAJENDRA RAJENDRA BHANARKAR BHANARKAR Date: 2025.07.09 10:08:10 +0530

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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REVP No. 85 of 2025

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1 - Shri Sourabh Sonchhatra S/o Shri Shashikant Sonchhatra Aged About 48 Years R/o Ward No. 32, Samta Vihar, Near Abhiram Sharma Hospital, Tikrapara, Bilaspur (C.G.)

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2 - Shri Shishir Sonchhatra S/o Shri Shashikant Sonchhatra Aged About 45 Years R/o Ward No. 32, Samta Vihar, Near Abhiram Sharma Hospital, Tikrapara, Bilaspur (C.G.)

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3 - Shri Rupesh Sharaf S/o Shri Samapat Sharaf Aged About 41 Years Dabhara Road, Kharsia, Raigarh Distt. Raigarh (C.G.)

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4 - Shri Ajay Kumar Jaiswal S/o Shri Awadhram Jaiswal Aged About 47 Years Ward No. 14, Choratola, Medhuka, Bilaspur Distt. Bilaspur (C.G.) 5 - Shri Guruvinder Singh Bhatia S/o Shri Amolak Singh Bhatia Aged About 47 Years R/o Ramaworld, Tifra, Bilaspur, Distt. Bilaspur (C.G.) 6 - Smt. Sumit Kour Bhatia W/o Shri Guruvinder Singh Bhatia Aged About 43 Years R/o Ramaworld, Tifra, Bilaspur Distt. Bilaspur (C.G.) 7 - Smt. Blaveer Kour Bhatia W/o Shri Indra Pal Singh Bhatia Aged About 61 Years R/o House No. 227/2, Jagatpur, Distt. Raigarh (C.G.) 8 - Shri Amandeep Singh S/o Shri Arvinder Singh Bhatia Aged About 39 Years R/o Plot No. 51, Near Gurudwara, Gurunanakpura Dr. Amendkar Marg, Nagpur Maharashtra

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9 - Shri Arvind Kumar Bhanushali S/o Shri N.V. Bhanushali Aged About 51 Years R/o Dhanji Bada, Near Gujrati Samaj, Tikrapara Bilaspur, Distt. Bilaspur (C.G.)

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10 - Deepak Agrawal S/o Shri Hemant Agrawal Aged About 45 Years R/o Mahima Vihar, Ring Road 2, House No. 04, Bilaspur, Distt. Bilaspur

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2

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(C.G.)

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11 - Smt. Meenal Bhanushali W/o Shri Arvind Kumar Bhanushali Aged About 45 Years R/o Dhanji Bada, Near Gujrati Samaj, Tikrapara, Bilaspur, Distt. Bilaspur (C.G.)

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--- Petitioner(s)

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versus

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1 - Atul Bajaj S/o Shri S.L. Bajaj Aged About 47 Years R/o Marwadi Line, Khaparganj Bilaspur, Distt. Bilaspur (C.G.)

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2 - Santosh Bajaj S/o Shri Amolakchand Bajaj Aged About 73 Years R/o Ainthapali Chouck, Sambalpur, Odisha

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3 - Amit Bajaj S/o Shri Chandrakumar Bajaj Aged About 49 Years R/o 148, New Ramdaspeth, Nagpur-10-Maharashtra

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4 - Sunit Bajaj S/o Shri Sharad Kumar Bajaj Aged About 45 Years R/o House No. 301, Krishna Kiran Apartment, Vardhman Nagar, Nagpur Maharashtra

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5 - Shiv Bhagwan Rameshwar Lal Charitable Trust Charitable Trust Through Its Trustee Shri Kamal Bajaj S/o Shri Ramniwas Bajaj, R/o Bajaj Bhawan, Marwadi Line, Lajpat Rai Nagar, Khaparganj, Bilaspur, Distt. Bilaspur (C.G.)

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6 - Chirag Bajaj S/o Shri Kamal Bajaj Aged About 33 Years R/o Bajaj Bhawan, Marwadi Line, Lajpat Rai Nagar, Khaparganj, Bilaspur, Distt. Bilaspur (C.G.)

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7 - Ananya Bajaj S/o Govind Bajaj Aged About 32 Years R/o Bajaj Bhawan, Marwadi Line, Lajpat Rai Nagar, Khaparganj, Bilaspur, Distt. Bilaspur (C.G.)

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8 - State Of Chhattisgarh Through The Collector, Bilaspur (C.G)

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9 - The Registrar Public Trust-Cum-Sub Divisional Officer (Revenue) Bilaspur Distt. Bilaspur (C.G.)

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10 - The Registrar Registration And Stamp Old Composite Building Opposite Collectorate Bilaspur, Distt. Bilaspur (C.G.)

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--- Respondent(s)

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3

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REVP No. 86 of 2025

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1 - Shiv Bhagwan Rameshwar Lal Charitable Trust Through Its Trustee Shri Kamal Bajaj, Aged About 61 Years, S/o Late Ramniwas Bajaj R/o Bajaj Bhawan, Marwadi Line, Lajpat Rai Nagar, Khaparganj, Bilaspur, Tahsil And District Bilaspur (CG)

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2 - Mr. Chirag Bajaj S/o Shri Kamal Bajaj Aged About 38 Years R/o Bajaj Bhawan, Marwadi Line, Lajpat Rai Nagar, Khaparganj, Bilaspur, Tahsil And District Bilaspur (CG)

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3 - Ananya Bajaj S/o Shri Govind Bajaj Aged About 32 Years R/o Bajaj Bhawan, Marwadi Line, Lajpat Rai Nagar, Khaparganj, Bilaspur, Tahsil And District Bilaspur (CG)

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--- Petitioner(s)

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Versus

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1 - Atul Bajaj S/o Shri S.L. Bajaj Aged About 47 Years R/o Marwadi Line, Khaparganj Bilaspur, Distt. Bilaspur (C.G.)

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2 - Santosh Bajaj S/o Shri Amolakchand Bajaj Aged About 73 Years R/o Ainthapali Chouck, Sambalpur Odisha

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3 - Amit Bajaj S/o Shri Chandrakumar Bajaj Aged About 49 Years R/o 148, New Ramdaspeth, Nagpur- 10- Maharashtra

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4 - Sunit Bajaj S/o Shri Sharad Kumar Bajaj Aged About 45 Years R/o House No. 301, Krishna Kiran Apartment, Vardhman Nagar, Nagpur Maharashtra

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5 - Shri Sourabh Sonchhatra S/o Shri Shashikant Sonchhatra R/o Ward No. 32, Samta Vihar, Near Abhiram Sharma Hospital, Tikrapara, Bilaspur (C.G.)

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6 - Shri Shishir Sonchhatra S/o Shri Shashikant Sonchhatra R/o Ward No. 32, Samta Vihar, Near Abhiram Sharma Hospital, Tikrapara, Bilaspur (C.G.)

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7 - Shri Rupesh Sharaf S/o Shri Samapat Sharaf Dabhara Road, Kharsia, Raigarh Distt. Raigarh (C.G.)

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8 - Shri Ajay Kumar Jaiswal S/o Shri Awadhram Jaiswal Ward No. 14, Choratola, Medhuka, Bilaspur Distt. Bilaspur (C.G.)

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4

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9 - Shri Guruvinder Singh Bhatia S/o Shri Amolak Singh Bhatia R/o Ramaworld, Tifra, Bilaspur, Distt. Bilaspur (C.G.) (Resp. No. 10 In Wa No. 146/2023)

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10 - Smt. Sumit Kour Bhatia W/o Shri Guruvinder Singh Bhatia R/o Ramaworld, Tifra, Bilaspur Distt. Bilaspur (C.G.) (Resp. No. 11 In Wa No. 146/2023)

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11 - Smt. Blaveer Kour Bhatia W/o Shri Indra Pal Singh Bhatia R/o House No. 227/2, Jagatpur, Distt. Raigarh (C.G.) (Resp. No. 12 In Wa No. 146/2023)

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12 - Shri Amandeep Singh S/o Shri Arvinder Singh Bhatia R/o Plot No. 51, Near Gurudwara, Gurunanakpura Dr. Amendkar Marg, Nagpur Maharashtra (Resp. No. 13 In Wa No. 146/2023)

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13 - Shri Arvind Kumar Bhanushali S/o Shri N.V. Bhanushali R/o Dhanji Bada, Near Gujrati Samaj, Tikrapara Bilaspur, Distt. Bilaspur (C.G.) (Resp. No. 14 In Wa No. 146/2023)

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14 - Deepak Agrawal S/o Shri Hemant Agrawal R/o Mahima Vihar, Ring Road 2, House No. 04, Bilaspur, Distt. Bilaspur (C.G.)

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15 - Smt. Meenal Bhanushali W/o Shri Arvind Kumar Bhanushali R/o Dhanji Bada, Near Gujrati Samaj, Tikrapara, Bilaspur, Distt. Bilaspur (C.G.)

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16 - State Of Chhattisgarh Through The Collector, Bilaspur (C.G.) 17 - The Registrar Public Trust-Cum-Sub Divisional Officer (Revenue) Bilaspur Distt. Bilaspur (C.G.) (Resp. No. 5 In Wa No. 146/2023)

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18 - The Registrar Registration And Stamp Old Composite Building Opposite Collectorate Bilaspur, Distt. Bilaspur (C.G.) (Resp. No. 17 In Wa No. 146/2023)

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--- Respondent(s) For Petitioners in : Mr.Santosh Triapthi, Senior Advocate assisted REVP No.85/2025 by Mr.Gary Mukhopadhyay, Advocate For Petitioners in : Mr.Anuj P. Agarwala, Advocate REVP No.86/2025 For Respondents : Mr.Anurag Dalay Shrivastava, Advocate No.1 to 4

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For Respondent- : Mr.Prafull Bharat, Advocate General assisted State by Mr.S.S.Baghel, Dy.Govt.Advocate

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Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Amitendra Kishore Prasad, Judge

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Order on Board

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Per Ramesh Sinha, Chief Justice

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4.7.2025

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1. Heard Mr.Santosh Triapthi, learned Senior Advocate assisted by Mr.Gary Mukhopadhyay, learned counsel for the petitioners in REVP No.85/2025, Mr.Anuj P. Agarwala, learned counsel for the petitioners in REVP No.86/2025, Mr.Anurag Dayal Shrivastava, learned counsel appearing for respondents No.1 to 4 and Mr.Prafull Bharat, learned Advocate General assisted by Mr.S.S.Baghel, learned Deputy Government Advocate appearing for the respondent-State.

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2. The petitioners have filed this review petitions against the judgment dated 02.12.2024 passed by this Court in WA Nos.146/2023 and 474/2023, whereby the Division Bench of this Court has allowed the writ appeals.

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3. Mr.Santosh Tripathi, learned Senior Advocate assisted by Mr.Gary Mukhopadhay, learned counsel for the petitioners in REVP No.85/2025 submits that the petitioners are auction purchasers and their interest should be safeguarded.

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4. At the outset, Mr.Prafull Bharat, learned Advocate General appearing for the respondent-State and Mr.Anurag Dayal Shrivastava, learned counsel appearing for respondents No.1 to 4 have pointed out that against the impugned judgment dated 02.12.2024 passed by this Court in WA Nos.146/2023 and 474/2023, the petitioners have filed SLP (C) No.859/2025 before the Hon’ble Supreme Court and the same was dismissed by the Hon’ble Supreme Court on 16.01.2025. The judgment of the Supreme Court is reproduced hereinbelow:-

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“Having heard learned Senior Counsel for the petitioners as well as learned counsel, who appears on caveat, on behalf of the some of the respondents, we are satisfied that the view taken by the Division Bench of the High Court in writ Appeal Nos. 146/2023 and 474/2023 to the effect that the disputed land measuring 2.38 acres vests in State, free from all encumbrances, and is a part of the College premises, warrants no interference by us in exercise of our jurisdiction under Article 136 of the Constitution of India.

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The Special Leave Petitions are, accordingly, dismissed. However, the auction purchaser shall be at liberty to seek the refund of the amount, if any, deposited by him.

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Pending application(s), if any, shall stand disposed of.”

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5. Mr.Anuj P. Agarwala, learned counsel for the petitioners in REVP No.86 of 2025 states that though the Supreme Court has

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dismissed the SLP, but the principle of merger does not apply in the present case.

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6. After having perused the judgment of the Supreme Court which has dismissed the SLP filed by the review petitioners against the judgment under review goes to show that the Supreme Court has dismissed the SLP by making specific observation in terms of the judgment passed by this Court in writ appeals, which were allowed by this Court vide judgment dated 02.12.2024. As such, the contention raised by learned counsel for the petitioners is absolutely misconceived and misleading. The Supreme Court while dismissing the SLP has already given liberty to the auction purchaser to seek the refund of the amount, if any, deposited by him.

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7. As such, we do not find any merit in these review petitions. Accordingly, the review petitions are dismissed . No cost(s).

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Sd/- Sd/- (Amitendra Kishore Prasad) (Ramesh Sinha) Judge Chief Justice

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Bablu

Shri Sourabh Sonchhatra v. Atul Bajaj

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Shri Sourabh Sonchhatra v. Atul Bajaj

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