Budhram Sahu Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

Budhram Sahu Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of by directions instead of adjudication on merits: Respondent Nos. 5 and 6 (Tahsildar and Naib Tahsildar Bhakhara) to demarcate the petitioner's land Khasra No. 675/2, area 874 sq. ft., P.H. No. 17, Tahsil Kurud, Dhamtari, in the presence of the petitioner and all concerned respondent authorities; if found to be Abadi land, revenue authorities to proceed in accordance with law/rules/regulation; no coercive steps against the petitioner until demarcation; petitioner to file application before the Collector/Respondent No. 3 within 15 days of receipt of the order. The principal prayer to quash the Collector's order dated 10.02.2023 was not granted on merits at this stage.

Issue for consideration

Whether the impugned order dated 10.02.2023 passed by the Collector (Land Records), Dhamtari in R.Case No. /315/Land Records/C.A. Land Records/2023 is illegal, without jurisdiction and violative of the principles of natural justice for want of notice and opportunity of hearing, and therefore liable to be set aside/quashed. +1 more

Ratio / Principle

The Court directed Respondent Nos. 5 and 6 (Tahsildar Bhakhara and Naib Tahsildar Bhakhara) to demarcate the petitioner's land bearing Khasra No. 675/2, area 874 square feet, P.H. No. 17, Tahsil Kurud, Dhamtari (stated to have been purchased from petitioner/Dhaneshwar Sahu on 04.08.2020), ensuring the demarcation takes place in the presence of the petitioner and all concerned respondent authorities; thereafter, if the concerned respondent authorities find the land to be Abadi land, the revenue authorities shall proceed in accordance with law/rules/regulation.

Key takeaways

As an interim protective measure, no coercive steps/actions shall be taken against the petitioner until the demarcation of the land in question takes place.ratio¶32
The petitioner is directed to file an application before the Collector/Respondent No. 3 within 15 days from the date of receipt of a copy of this order.ratio¶33

Detailed headnote1 paragraphs

High Court of Chhattisgarh, Bilaspur (Arvind Kumar Verma, J.) — WPC No. 2159 of 2025, decided 23.07.2025. Petitioner Budhram Sahu challenged the order dated 10.02.2023 of the Collector (Land Records), Dhamtari in R.Case No. /315/Land Records/C.A. Land Records/2023 (Annexure P/10) as illegal, without jurisdiction and violative of natural justice for want of notice and hearing. Without deciding those objections on merits, the Court directed Respondent Nos. 5 and 6 (Tahsildar Bhakhara and Naib Tahsildar Bhakhara) to demarcate the petitioner's land Khasra No. 675/2, area 874 square feet, P.H. No. 17, Tahsil Kurud, Dhamtari — stated to have been purchased from petitioner/Dhaneshwar Sahu on 04.08.2020 — in the presence of the petitioner and all concerned respondent authorities, and, if the land is found to be Abadi land, the revenue authorities were to proceed in accordance with law/rules/regulation. Interim protection was granted: no coercive steps/actions against the petitioner until demarcation. The petitioner was directed to file an application before the Collector/Respondent No. 3 within 15 days of receipt of the order. Petition disposed accordingly.

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2025:CGHC:35326

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

WPC No. 2159 of 2025

Budhram Sahu S/o Suruj Bhan Sahu Aged About 62 Years R/o Ward No.-4, Mararpara, Mahavir Chowk, Bhakhara (Bhakhra), Dist. - Dhamtari (C.G.)

... Petitioner

versus

1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue And Disaster Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, District - Raipur (C.G.)

2 - The Commissioner Land Records, Indravati Bhawan, 1st Floor, Block-2, Naya Raipur (C.G.)

3 - The Collector Land Record, District - Dhamtari (C.G.)

4 - The Sub Divisional Officer (R.) Kurud, District - Dhamtari (C.G.)

5 - The Tahsildar Bhakhara, District - Dhamtari (C.G.)

6 - Naib Tahsildar Bhakhara, District - Dhamtari (C.G.)

7 - Assistant Director Nagar Tatha Gram Nivesh, District - Dhamtari (C.G.)

8 - Nagar Panchayat Bhakhara Through Chief Municipal Officer, Nagar Panchayat Bhakhara, District - Dhamtari (C.G.)

... Respondents

For Petitioner : Mr.Ritesh Verma, Advocate For Respondent/State :Mrs. Upasana Mehta, Dy. Govt. Advocate

Hon'ble Shri Justice Arvind Kumar Verma

Order on Board

23.07.2025

By way of this petition, the petitioner is seeking for the following reliefs:-

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“a. That, the Hon’ble Court may kindly be pleased to set aside or quash the impugned order passed by the Collector (Land records), Dhamtari passed order dated 10.02.2023 in R.Case No. /315/Land Records/C.A. Land Records/2023 (Annexure P/10).

b. This, Hon’ble Court may further be pleased to pass any order or issue any suitable writ of superintendence as this Hon’ble Court may deem fit under the circumstances of the case including the cost of the petition.”

Learned counsel for the petitioner submits that the impugned order is against the law and facts of the case. The proceedings of the Collector in its order dated 10.02.2023 is illegal, bad in law and facts is liable to be set aside. Respondent no. 3 cannot pass the order on the basis of the false complaint of the member of ruling party against the law and is beyond jurisdiction. He submits that neither notice nor any opportunity of hearing had been provided to the petitioner to present his part before passing an order against him. Hence, the same is utter violation of principle of natural justice.

He further submits that the the proceeding initiated and passing order from the inception, itself is illegal void ab initio and harassment to the petitioner and is liable to be set aside by this Court. The private land of the petitioner cannot be allotted to any other without the consent of the land owner and without acquiring under the land acquisition law.

On the other hand, learned counsel for the State opposes the relief sought by the learned counsel for the petitioner.

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I have heard learned counsel for the respective parties and perused the record with utmost circumspection.

Looking to the facts and circumstances of the present case as well as the submission made by the counsel this Court directs respondent no. 5 and 6 to demarcate the land of the petitioner bearing Khasra No. 675/2 area 874 square feet P.H. No. 17 Tahsil Kurud, Dhamtari which has been purchased from petitioner/Dhaneshwar Sahu on 04.08.2020. It is made sure that the demarcation shall take place in the presence of the petitioner as well as all the concerned respondent authorities. Thereafter, if the concerned respondent authorities found that there is a Abadi land then revenue authorities shall proceed in accordance with law/rules/regulation.

Meanwhile, no coercive steps/actions shall be taken against the petitioner till the demarcation of land in question takes place.

Also petitioner shall file application before the Collector/Respondent no. 3 within 15 days from the date of receipt of copy of this order.

Certified copies as per rules. sd/-

(Arvind Kumar Verma) Judge

alfiza

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