Ramlal Vs State of Chhattisgarh

... Respondents (Cause title, as taken from CIS system) For Petitioner : Mr. A. N. Pandey, Advocate For State : Mr. Anand Dadariya, Dy. Advocate General.

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(Hon’ble Shri Justice Naresh Kumar Chandravanshi)

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Order on Board

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12/03/2026

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Heard.

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This petition has been preferred by petitioner under Article 226 of the Constitution of India seeking following reliefs:-

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“10.1 That, this Hon’ble Court may kindly be pleased to

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restrain the respondent authorities to not make any construction/ not dispossessed the petitioner from the subject land till the final decision of the application for grant of Van Adhikar Patta of the subject land.

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10.2 That, any other relief or reliefs may also be granted to the petitioner which this Hon’ble Court deems fit and proper in the facts and circumstances of the case.”

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Learned counsel for the petitioner submits that the petitioner is in possession of the subject land since the time of his ancestors, i.e., for about 75 years, and has been carrying out agricultural activities on the said land. He further submits that the petitioner has also filed an application seeking Van Adhikar Patta in respect of the subject land, but the same has also not been decided. Therefore, the petitioner filed writ petition bearing WPC No.2678/2022, in which respondent No.3 was directed to decide the said application. It was further directed that, till then, no coercive steps shall be taken against the petitioner. Despite the said direction, respondent No.6 has started construction of Nalanda Parisar over the said land. He further submits that on account of noncompliance with the order dated 03.04.2025 passed by the Coordinate Bench in WPC No.2678/2022, the petitioner has filed a contempt petition, despite the same, respondent No.6 has not stopped the construction activity. Hence, learned counsel prays that the present writ petition may be admitted for hearing.

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In reply, learned State counsel submits that since interim protection has already been granted in favour of the petitioner vide order dated 03.04.2025 passed by the Coordinate Bench in WPC No.2678/2022, the present petition seeking the same relief is not maintainable.

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WPC No.2678/2022 was disposed of by the Coordinate Bench vide

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order dated 03.04.2025, which reads as under:-

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“5. Having heard the learned counsel for the parties as well as considering the overall facts and circumstances of the case, the respondent authorities, particularly respondent No.3, i.e., Collector Balrampur, District Balrampur-Ramanujganj, Chhattisgarh is directed to consider the application of the petitioner for grant of lease/Van-Adhikar Patta in respect of subject land bearing Khasra Nos.122/1, 122/2, 46/1, 46/2, Rakba 0.08, 0.09, 0.37 and 0.38 Hectares respectively at village Balrampur and decide the same within a period of two months from the date of production of certified copy of this order. Till then, no coercive steps shall be taken against the petitioner.

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With the aforesaid observation/direction, instant writ petition is disposed of.”

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Having considered the aforesaid facts, since the Collector has already been directed not to take any coercive step against the petitioner till the application filed by the petitioner for grant of lease/Van Adhikar Patta is decided, and the petitioner has already filed a contempt petition alleging violation of the aforesaid order, therefore, this Court is not inclined to entertain the instant petition for the same relief. Accordingly, the present writ petition is dismissed .

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Pending interlocutory application(s), if any, stands disposed of. No order as to cost(s).

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Sd/(Naresh Kumar Chandravanshi) Judge

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Rukhsar

Ramlal v. State of Chhattisgarh

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Ramlal v. State of Chhattisgarh

Case brief

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