Ramesh Vishwakarma Vs Commissioner

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2025:CGHC:26118-DB

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WA No. 261 of 2025

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1 - Ramesh Vishwakarma S/o Shri Rajaram Vishwakarma Aged About 47 Years Address - Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh

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2 - Sadhu (Died) Through Legal Heir Devendra Harpal S/o Shri Sadhu Harpal Aged About 234 Years Address - Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh

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3 - Sudersan Baghel (Died) Through Legal Heir Smt. Premshila Baghel Aged About 56 Year Address - Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh

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4 - Bhuneshwar Dhruw S/o Lakhan Lal Aged About 46 Years Address - Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh

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5 - Tikamchand Sahu S/o Pyari Ram Sahu Aged About 48 Years Address - Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh

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6 - Bhagwat Yadav S/o Sukhalal Ydava Aged About 35 Years Address - Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh

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7 - Dinu Nayak S/o Bhagchand Aged About 54 Years Address - Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh

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8 - Lilaram Yadav S/o Sukhlal Yadav Aged About 45 Years Address - Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh

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9 - Haribandhu Tandi S/o Sukhalal Aged About 48 Years Address - Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh

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10 - Devki Nishad H/o Kaliram Nishad Aged About 48 Years Address - Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh

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11 - Beniram Sen S/o Rana Sen Aged About 51 Years Address - Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh

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12 - Rama Sen (Died ) Through Legal Heir Smt. Tejan Bai H/o Late Shri Rama Sen Aged About 65 Years Address - Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police Station - Mowa, Post, - Tehsil And District Raipur Chhattisgarh

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13 - Aasuram Baghel S/o Munsiram Baghel Aged About 54 Years Address - Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh

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14 - Chain Singh Sahu S/o Dhaniram Sahu Aged About 48 Years Address - Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh

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15 - Manoj Deep S/o Chotelal Deep Aged About 33 Years Address - Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh

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16 - Lalguni Kumahar S/o Daisari Kumahar Aged About 45 Years Address - Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh

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17 - Ganesh Bagh S/o Shri Baghel Bagh Aged About 42 Years Address - Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh

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18 - Manisha Nishad H/o Manharan Nishad Aged About 38 Years Address - Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh

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19 - Gautam Tandi S/o Shri Diva Tandi Aged About 41 Years Address - Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh

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20 - Chiniram Sona S/o Shri Goverdhan Sona Aged About 57 Years Address - Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh

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21 - Ranu Tandi H/o Shri Kalindra Tandi Aged About 33 Years Address - Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh

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22 - Nitu Tandi H/o Shri Nilachand Tandi Aged About 37 Years Address -

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Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh

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23 - Dohana Baghel H/o Shri Dilip Baghel Aged About 50 Years Address - Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh

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24 - Madari Tandi H/o Shri Nehur Tandi Aged About 51 Years Address - Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh

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25 - Nirmala Sahu H/o Shri Ashok Sahu Aged About 38 Years Address - Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh

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26 - Duaa Bai Harpal H/o Shri Jalandhar Harpal Aged About 48 Years Address - Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh

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27 - Radha Vishwakarma W/o Shri Rajaram Vishwakarma Aged About 70 Years Address - Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh

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28 - Anjli Yadav W/oshri Dukalu Aged About 46 Years Address - Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh

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29 - Rajendra Sonwani S/o Shri Mayaram Aged About 40 Years Address - Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh

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30 - Bimla H/o Late Narsingh Tandi Aged About 70 Years Address - Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh

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31 - Champeshwari H/o Shri Prahalad Tandi Aged About 34 Years Address - Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh

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32 - Shanti Harpal H/o Late Samir Harpal Aged About 37 Years Address - Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh

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33 - Daraupati Tandi H/o Shri Makhishiro Tandi Aged About 45 Years Address - Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh

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34 - Babulal Nayak S/o Shri Upashu Nayak Aged About 50 Years Address - Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh

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35 - Pushpa Bihari H/o Shri Puran Bibhar Aged About 32 Years Address - Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh

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36 - Vishakha Kumhar H/o Shri Ratana Kumhar Aged About 35 Years Address - Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh

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37 - Vedi Tandi H/o Shri Fageshwar Tandi Aged About 42 Years Address - Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh

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38 - Rajkumari Sahu H/o Shri Milan Sahu Aged About 65 Years Address - Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh

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39 - Ghashiyano Nayak H/o Shri Banshi Nayak Aged About 35 Years Address - Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh

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40 - Banita Bagh H/o Shri Hripal Bagh Aged About 35 Years Address - Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh

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... Petitioner(s)

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versus

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1 - Commissioner Nagar Palik Nigam Raipur Chhattisgarh, White House Near Mahila Thana Chowk, Raipur Chhattisgarh

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2 - Jiladhish Raipur Thana - Golbazar, Raipur Chhattisgarh

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3 - Sachiv Shahri Vikas Mantralaya Bharat Sarkar, Nirman Bhawan, C- Wing, Maulana Azad Road, Thana - Dwarka, Post - New Delhi - 110011

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---- Respondents

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(Cause-title taken from Case Information System)

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For Appellant	: Mr. Vijay Shankar Mishra Advocate.
For Respondent No. 1 & 2	: Mr. Pankaj Agrawal, Advocate
For Respondent No. 3	: None.

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Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Arvind Kumar Verma , Judge

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Judgment on Board

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Per Arvind Kumar Verma, Judge

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20.06.2025

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Heard Mr. Vijay Shankar Mishra, learned counsel for the appellant. Also heard Mr. Pankaj Agrawal, learned counsel for respondents No. 1 & 2.

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This writ appeal is presented assailing the order dated 12.11.2024 passed by the learned Single Judge in WPC No. 2253 of 2014 (Sadhu Harpal and others Vs. Municipal Corporation and others) , whereby, the writ petition filed by the appellant/writ petitioners was dismissed.

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Brief facts of the case are that the appellants/petitioners have been continuously residing in the “Bhola Nagar” slum area situated within the urban area of Shankar Nagar, Raipur C.G. for a long time. After a long time, the appellants were living in houses made of raw kaveluposh/asbestos roof on small plots of land of 300 to 400 square feet and they were provided residential (lease) under the rules of the State Government under Rajiv Gandhi Aashray Yojana and Madhya Pradesh Urban Area Landless Person Act 1984. All the documents which reveals residence relation information are attached with the writ petition No. 241/2015. On 16.10.2014, the respondent No. 1- officer of Municipal Corporation, Raipur and local police force were

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present and bulldozers and JCB machines were parked in the “Bhola Nagar” slum area, which the appellants of Bhola Nagar were asked to vacate out residence immediately and the houses of the appellants were forcibly demolished. Thereafter the appellants were provided BSUP flats. It has become difficult for the appellants to accommodate their families in the BSUP flats provided by the respondents in Housing Board Colony Saddu. Therefore, the present writ appeal have been filed.

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Learned counsel for the appellants submit that the respondent No. 1 without giving notice to the petitioners, carried out demolition of their residence by using force and heavy machince which was provided by the government, due to which the petitioners have suffered irreparable loss, this has not been considered by the single Bench.

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Learned counsel for the appellants submits that presently the appellants are residing in the BSUP flats in Housing Board Colony which was provided by the government for settlement after demolition of their lands but till date the Government has not provided any other plot or land to the appellants, whereas the plot which was provided to them officially, which was transferred on lease in which the Government has made a provision for providing ownership on the leased land on payment of fixed land rent and fee, the benefit of which cannot be availed by the appellants as they are not being provided as independent plot which is against the law. Further learned counsel for the appellants prays that appellants may be provided plot/land in lieu of the leased plot provided by the

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government and the appellants who belong to the working class, will be able to avail the benefits of all the government schemes, of which they are currently deprived.

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Learned counsel for the appellants also submits that the learned Single Judge has committed grave illegality while dismissing the writ petition. As such, the present writ appeal deserves to be allowed and the order of the learned Single Judge deserves to be set aside.

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On the other hand, learned State counsel appearing for the respondents opposed the aforesaid submission and submitted that the learned Single Judge after considering all the aspects of the matter has rightly passed the order which warrants no interference

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We have heard learned counsel for the parties and perused the impugned order and other documents appended with writ appeal.

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Learned Single Judge vide order dated 12.11.2024 disposed of the writ petition of the appellant by observing therein that since the petitioners have already been rehabilitated in the aforesaid Housing Board Complex, the petitions have become infructuous.

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From perusal of the impugned order and materials available on record, it transpires that since the petitioners have been rehabilitated in the BSUP flats in lieu of their land (lease) and they have taken possession upon the newly allotted house and at that relevant time no objection was made, thereafter they cannot claim that they would have been provided plot/land. Therefore the petitioner was unable to point out any illegality or any irregularity in the order passed by the

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learned Single Bench which warrant interference.

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Considering the submissions advanced by the learned counsel for the parties and the finding recorded by the learned Single Judge while dismissing the writ petition filed by the writ petitioner, we are of the considered opinion that the learned Single Judge has not committed any illegality, irregularity or jurisdictional error in the impugned order warranting interference by this Court.

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Accordingly, the writ appeal being devoid of merit is liable to be and is hereby dismissed . No cost(s).

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Sd/Sd/- (Arvind Kumar Verma) (Ramesh Sinha ) Judge Chief Justice

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Jyoti

Ramesh Vishwakarma v. Commissioner

Case brief

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Ramesh Vishwakarma v. Commissioner

Case brief

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