Ravishankar Prasad Gupta Vs State of Chhattisgarh

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2025:CGHC:49824

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 803 of 2022

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Ravishankar Prasad Gupta S/o Shri Harishankar Prasad Gupta Aged About 40 Years R/o Santoshi Nagar Khamtarai Raipur, Tahsil And District Raipur Chhattisgarh.

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... Petitioner(s)

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versus

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1 - State Of Chhattisgarh Through The Secretary , Department Of Revenue, Mahanadi Bhawan, Mantralaya, Nawa Raipur Chhattisgarh.

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2 - The Collector Raipur District Raipur Chhattisgarh.

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3 - The Competent Authority Land Ceiling Raipur District Raipur Chhattisgarh.

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4 - Ashok Manana S/o Shri Bhanwarlal Manana R/o Sisasar Chowk Jagdalpur, District Bastar Chhattisgarh.

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5 - Anushka Manana S/o Shri Ashok Manana R/o Sisasar Chowk Jagdalpur, District Bastar Chhattisgarh.

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6 - Amit Patel S/o Shri Jadav Ji Patel R/o Jaisal Bhawan State Bank Colony Fafadih Raipur , Tahsil And District Raipru Chhattisgarh.

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7 - Jadav Ji Bhai Patel S/o Shri Maav Ji Patel Resident Of Jaisal Bhawan State Bank Colony Fafadih, Raipur Tahsil And District Raipur Chhattisgarh.

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8 - Smt. Kamala Ben Patel W/o Jadav Ji Bhai Patel Resident Of Jaisal Bhawan State Bank Colony Fafadih, Raipur Tahsil And District Raipur Chhattisgarh.

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9 - Smt. Nisha Patel W/o Amit Patel Resident Of Jaisal Bhawan State Bank Colony Fafadih, Raipur Tahsil And District Raipur Chhattisgarh.

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---- Respondents

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----------------------------------------------------------------------------------------- For Petitioner : Mr. BS Rajput, Advocate. For Respondent-State : Ms. Upasana Mehta, Dy. GA. For Respondent Nos.6 to 9 : Mr. Yogesh Pandey, Advocate.

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Hon'ble Shri Arvind Kumar Verma, Judge

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Order on Board

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07.10.2025

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1. With the consent of the parties, matter is heard finally.

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2. This writ petition has been preferred under Article 226 of the

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Constitution of India seeking following reliefs:

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“10. RELIEF(S) SOUGHT:

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10.1. That, this Hon'ble Court may kindly be pleased to call for the concerned record from the respondent No. 3.

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10.2. this Hon'ble Court may kindly be pleased to quash/set aside the impugned order dated 04.07.2019 (Annexure P-1), passed by respondent No. 3 in Case No. 852-A/90C (1) YEAR 1978-79.

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10.3. That, this Hon'ble Court may kindly be pleased to pass any other writ(s), order(s) or direction(s) which the Hon'ble Court deems just and proper in the facts and circumstances of the case.

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10.4. That, this Hon'ble Court may kindly be pleased to award the cost of petition.”

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3. Learned counsel for the petitioners contended that this writ petition has been preferred by the petitioners against the impugned order dated 04.07.2019 passed by respondent No.3. The impugned order is unsustainable and bad in law and deserves to be set aside.

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4. Learned counsel for the respondents contended that impugned order passed by respondent No.3 is appealable before the concerned Appellate Authority under Section 33 of the Urban Land (Ceiling and Regulation) Act, 1976 (ULCRA).

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5. Heard learned counsel for the parties.

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6. Section 33 of the ULCRA reads as under:

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“ 33. Appeal. (1) Any person aggrieved by an order made by the competent authority under this Act, not being an order under Sec. 11 or an order under sub-section (1) of Sec. 30, may, within thirty days of the date on which the order is communicated to him, prefer an appeal to such authority as may be prescribed (hereafter in this section referred to as the appellate authority):

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Provided that the appellate authority may entertain the appeal after the expiry of the said period of thirty days if it is satisfied the appellant was prevented by sufficient cause from filing the appeal in time.

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(2) On receipt of an appeal under sub-section (1), the appellate authority shall, after giving the appellant an opportunity of being heard, pass such orders thereon as it deems fit as expeditiously as possible.

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