Ajay Gupta Vs State of Chhattisgarh

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2025:CGHC:42090

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Digitally signed by AJINKYA PANSARE Date: 2025.08.20 17:31:08 +0530

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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NAFR

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WPC No. 255 of 2021

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Ajay Gupta S/o Late Gajanand Gupta, Aged About 60 Years R/o Ward No. 13 (Old No. 10), Gupta Para, Kawardha, Police Station - Kawardha, District - Kabirdham Chhattisgarh., District : Kawardha (Kabirdham), Chhattisgarh

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... Petitioner(s)

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versus

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State Of Chhattisgarh Through - The Principal Secretary, State Of Chhattisgarh, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raiput, District - Raipur Chhattisgarh., District : Raipur, Chhattisgarh

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The Collector , Kawardha, District - Kabirdham Chhattisgarh., District : Kawardha (Kabirdham), Chhattisgarh

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The Divisional Forest Officer, Forest Division, Kawardha, District - Kabirdham Chhattisgarh., District : Kawardha (Kabirdham), Chhattisgarh

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The Sub - Divisional Officer (R), Kawardha, District Kabirdham Chhattisgarh, District : Kawardha (Kabirdham), Chhattisgarh

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The Tahsildar, Kawardha, District - Kabirdham Chhattisgarh., District : Kawardha (Kabirdham), Chhattisgarh

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... Respondent(s)

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For Petitioner	: Chandrikaditya Pandey, Advocate on behalf
	of Mr. Dharmesh Shrivastava, Advocate
For State	: Mr. Pramod Shrivastava, Dy. G.A.

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Hon’ble Shri Justice Rakesh Mohan Pandey

Order On Board

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20-08-2025

1) By way of this petition, petitioner has sought following reliefs:-

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10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records of the case of the petitioner for its kind perusal.

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10.2 That, this Hon'ble Court may kindly be pleased to pass an order directing the respondent authorities to discharge their duties in accordance with law and petitioner may be permitted to cut and sell the trees through forest officer in compliance of the order dated 07.09.2020.

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10.3 That, this Hon'ble Court may kindly be pleased to pass an order and direct the respondent authorities not to conduct any other demarcation or Panchnama and the petitioner be permitted to sell the trees at the earliest.

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10.4 That, this Hon'ble Court may kindly be pleased to grant any other relief/relief's in favour of the petitioner, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case, including awarding of the costs to the petitioner.

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2) Learned counsel for the petitioner submits that petitioner approached the Court of Collector, Kabirdham to obtain permission to cut and sell 26 teak trees standing on land bearing Khasra Nos. 268/3 and 268/4 situated at Village – Majgaon, P.H. No. 34, District – Kabirdham and the authority concerned vide its order dated 07.09.2020 granted permission to the petitioner according to the provisions of Section 240 of Chhattisgarh Land Revenue Code, 1959. He further submits that Tehsildar, Kawardha has raised objection on 10.12.2020. He prays that a direction may be issued to respondent authorities to comply with

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3

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the order passed by Court of Collector, Kabirdham dated 07.09.2020.

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3) On the other hand, learned State counsel opposes.

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4) Heard.

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5) Evidently, Court of Collector, Kabirdham passed an order on 07.09.2020 according to the provisions of Section 240 of Code, 1959 whereby petitioner has been granted permission to cut 26 teak trees but Tehsildar, Kawardha has raised objection. It appears that Tehsildar, Kawardha has not complied with the order passed by Collector, Kabirdham regardless of the fact that a Tehsildar is under obligation to comply with the order passed by the Collector.

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6) Taking into consideration the above-discussed facts, this petition is hereby being disposed of reserving liberty in favor of petitioner to approach Collector, Kabirdham by filing a representation within period of 15 days from today and the authority concerned is directed to look into the matter and take appropriate decision within period of 60 days from the date of receipt of copy of this order.

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7) With the aforesaid observation(s) and direction(s), this petition stands disposed at admission stage.

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Sd/(Rakesh Mohan Pandey) JUDGE

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Ajinkya

Ajay Gupta v. State of Chhattisgarh

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Ajay Gupta v. State of Chhattisgarh

Case brief

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