Bulaki Ram Vs State of Chhattisgarh

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2025:CGHC:53544

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 184 of 2023

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SYED ROSHAN ZAMIR ALI

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Digitally signed by SYED ROSHAN ZAMIR ALI

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1 - Bulaki Ram S/o Late Harawan Aged About 63 Years R/o Village Tatapani, Tahsil - Balrampur P.S. - Ramanujganj, District - Balrampur – Ramanujganj (CG)

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... Petitioner

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versus

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1 - State Of Chhattisgarh Through - The Secretary, Department Of Revenue, Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, District Raipur, Chhattisgarh 2 - The Collector, Balrampur - Ramanujganj District Balrampur - Ramanujganj, Chhattisgarh

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3 - The Sub Divisional Officer (Revenue) Ramanujganj Division, District - - Balrampur Ramanujganj, Chhattisgarh.

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4 - The Tahsildar Balrampur, District - Balrampur - Ramanujganj, Chhattisgarh.

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5 - Secretary, Gram Panchayat Tatapani, Janpad Panchayat Balrampur, District - Balrampur - Ramanujganj, Chhattisgarh.

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... Respondents

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For Petitioner : Shri Akath Kumar Yadav, Advocate For State : Shri Anurag Tripathi, Panel Lawyer

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Hon’ble Shri Justice Parth Prateem Sahu

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Order on Board

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03/11/2025

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1. This writ petition is filed by petitioner on ground that land owned by petitioner bearing Khasra No.160, 163/5 measuring 0.23 and 0.60 hectare respectively, situated in village Tatapani, Tahsil Balrampur, District Balrampur Ramanujganj. Pursuant to usage of aforementioned land of

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petitioner by the authorities for purpose of construction of road in year 2014, petitioner submitted an application before the Sub-Divisional Officer (R) Ramanujganj for allotment of government land admeasuring 0.83 hectare out of khasra No.259 total area 1.64 hectare, in exchange. The SDO along with his recommendation forwarded application of petitioner and other similarly situated villagers whose lands were also used for purpose of construction of road, to the Collector vide order Annexure A-1, The Collector passed the order for allotting alternate land to petitioner of equal measurement 0.83 hectares from Khasra No.219 vide order dated 11.1.2018. Thereafter, it is reported that some other persons are in possession of said government land new Khasra No.259 (old Khasra No.219) as encroachers. Therefore, they preferred an appeal before Additional Commissioner, Surguja Division, Surguja, which is pending consideration. He submits that though government land in exchange has been allotted to the petitioner, however, possession of the same is not granted till date, which is causing great hardship to petitioner.

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2. State has filed reply mentioning therein that when steps have been taken for giving possession of land of Khasra No.259/2 measuring 0.83 hectares to petitioner and other similarly situated persons from other khasra numbers, it revealed that other villagers are in possession of said land as encroachers and it is reported by Patwari to concerned Sub Divisional Officer (Revenue). Along with reply counsel for State has filed a copy of order dated 10.5.2019 to submit that encroachers, who are stated to be removed from land bearing Khasra No.259/2, have filed an appeal before Commissioner, Surguja Division, Surguja, which is still pending consideration and petitioner herein is also one of parties therein. It is also

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3

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reported neither appellant therein nor non-appellants including petitioner are appearing in proceedings of appeal pending before Commissioner, Surguja Division, Surguja.

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3. Considering aforementioned facts and nature of grievance raised by petitioner and further considering that he has not been granted possession of alternate land allotted to him by Collector and further that other persons, who are in encroachment of land said to be allotted to petitioner, have preferred an appeal against order of Collector dated 11.1.2018, which is still pending consideration before appellate authority, no purpose will be served to keep this writ petition pending and it would be appropriate to dispose of this writ petition directing appellate authority, i.e., Commissioner, Surguja Division, Surguja to consider and decide appeal No.240/19 pending before it expeditiously, preferably within 3 months from date of this receipt of order in accordance with law. In the event appeal is decided in favour of petitioner then necessary steps be taken for grant of possession of land allotted to petitioner by order of Collector.

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4. Accordingly, writ petition is disposed of.

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(Parth Prateem Sahu)

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Gopal

Bulaki Ram v. State of Chhattisgarh

Case brief

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Bulaki Ram v. State of Chhattisgarh

Case brief

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