Janki Sharma Vs State of Chhattisgarh

¶1

1

¶2

2026:CGHC:15883

¶3

RAGHVENDRAJAT Digitallysigned byRAGHVENDRAJAT

¶4

NAFR

¶5

HIGH COURT OF CHHATTISGARH AT BILASPUR

¶6

WPC No. 2172 of 2020

¶7

1 - Bhimrao Sontake S/o Chaitram Aged About 52 Years R/o Ward No. 23, Veer Shivaji Nagar, Kota, Near Disha College, Raipur Chhattisgarh., District : Raipur, Chhattisgarh.

¶8

--- Petitioner(s)

¶9

versus

¶10

1 - State Of Chhattisgarh Through Chief Secretary, Mantralaya, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh.

¶11

2 - Secretary Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh.

¶12

3 - Secretary Department Of Urban Administration, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh.

¶13

4 - Collector Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh.

¶14

2

¶15

5 - Superintendent Of Police Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh.

¶16

6 - Commissioner Raipur, Municipal Corporation, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh.

¶17

7 - Sub Divisional Officer Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh.

¶18

8 - Thana In-Charge Police Station Saraswati Nagar, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh.

¶19

9 - Naib Tahsildar Tahsil Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh.

¶20

10 - Kamlesh Tiwari S/o Durga Prasad Tiwari R/o Naharpara, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh.

¶21

--- Respondent(s)

¶22

WPC No. 2814 of 2020

¶23

1 - Sangamitra Nanda Gawali W/o Devidas Nanda Gawali Aged About 51 Years R/o House No. 11, Veer Shivaji Nagar, Ward No. 12, Kota, Distt. Raipur, Chhattisgarh.

¶24

--- Petitioner(s)

¶25

Versus

¶26

1 - State Of Chhattisgarh Through- Chief Secretary, Mantralaya, Raipur, Distt. Raipur, Chhattisgarh.

¶27

2 - Secretary Department Of Revenue And Diasaster Management, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, Distt. Raipur, Chhattisgarh.

¶28

3

¶29

3 - Secretary Department Of Urban Administration, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, Distt. Raipur, Chhattisgarh.

¶30

4 - Collector, Raipur Distt. Raipur, Chhattisgarh.

¶31

5 - Superintendent Of Police, Raipur Distt. Raipur, Chhattisgarh.

¶32

6 - Commissioner Municipal Corporation Raipur, Chhattisgarh.

¶33

7 - Sub Divisional Officer, Raipur Distt. Raipur, Chhattisgarh.

¶34

8 - Than In-Charge Police Station Saraswati Nagar, Distt. Raipur, Chhattisgarh.

¶35

9 - Naib Tahsildar Tahsil- Raipur, Distt. Raipur, Chhattisgarh.

¶36

10 - Kamlesh Tiwari S/o Durga Prasad Tiwari, R/o Naharpara, Raipur, Distt. Raipur, Chhattisgarh.

¶37

--- Respondent(s)

¶38

WPC No. 2588 of 2020

¶39

1 - Usha Sao W/o Vakil Sao Aged About 43 Years R/o Veer Shivaji Nagar, Kota, Ward No. 12, House No. 22, District Raipur, Chhattisgarh.

¶40

--- Petitioner(s)

¶41

Versus

¶42

1 - State Of Chhattisgarh Through Chief Secretary, Mantralaya Raipur, District Raipur, Chhattisgarh.

¶43

2 - Secretary Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Atal Nagar Raipur, District Raipur, Chhattisgarh.

¶44

3 - Secretary Department Of Urban Administration, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur, Chhattisgarh.

¶45

4

¶46

4 - Collector Raipur, District Raipur, Chhattisgarh.

¶47

5 - Superintendent Of Police Raipur, District Raipur, Chhattisgarh.

¶48

6 - Commissioner Raipur, Municipal Corporation, Raipur, District Raipur, Chhattisgarh.

¶49

7 - Sub Divsional Officer Raipur, District Raipur, Chhattisgarh.

¶50

8 - Thana In-Charge Police Station Saraswati Nagar, District Raipur, Chhattisgarh.

¶51

9 - Kamlesh Tiwari S/o Durga Prasad Tiwari R/o Naharpara, Raipur, District Raipur, Chhattisgarh.

¶52

--- Respondent(s)

¶53

WPC No. 2586 of 2020

¶54

1 - Savita Kannoje W/o Yograj Kannoje Aged About 41 Years R/o Veer Shivaji Nagar, Near Disha College, Ward No. 12, Kota, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh.

¶55

--- Petitioner(s)

¶56

Versus

¶57

1 - State Of Chhattisgarh Through Chief Secretary, Mantralaya, Raipur District Raipur Chhattisgarh, District : Raipur, Chhattisgarh.

¶58

2 - Secretary Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur District Raipur Chhattisgarh, District : Raipur, Chhattisgarh.

¶59

3 - Secretary, Department Of Urban Administration, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh, District : Raipur, Chhattisgarh.

¶60

5

¶61

4 - Collector District Raipur Chhattisgarh, District : Raipur, Chhattisgarh.

¶62

5 - Superintendent Of Police Raipur District Raipur Chhattisgarh, District : Raipur, Chhattisgarh.

¶63

6 - Commissioner Raipur Municipal Corporation District Raipur Chhattisgarh, District : Raipur, Chhattisgarh.

¶64

7 - Sub Divisional Officer Raipur District Raipur Chhattisgarh, District : Raipur, Chhattisgarh.

¶65

8 - Thana In-Charge, Police Station Saraswati Nagar, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh.

¶66

9 - Naib Tahsildar Tahsil Raipur District Raipur Chhattisgarh, District : Raipur, Chhattisgarh.

¶67

10 - Kamlesh Tiwari S/o Durga Prasad Tiwari R/o Naharpara, Raipur District Raipur Chhattisgarh, District : Raipur, Chhattisgarh.

¶68

--- Respondent(s)

¶69

WPC No. 2596 of 2020

¶70

1 - Laxmi Mahar W/o Anand Das Mahar, Aged About 45 Years R/o Ward No. 12, Veer Shivaji Nagar, Kota, Near Disha College, Raipur Chhattisgarh., District : Raipur, Chhattisgarh.

¶71

--- Petitioner(s)

¶72

Versus

¶73

1 - State Of Chhattisgarh, Through - Chief Secretary, Mantralaya, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh.

¶74

6

¶75

2 - Secretary, Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh.

¶76

3 - Secretary, Department Of Urban Administration, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh.

¶77

4 - Collector, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh.

¶78

5 - Superintendent Of Police, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh.

¶79

6 - Commissioner, Municipal Corporation, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh.

¶80

7 - Sub Divisional Officer, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh.

¶81

8 - Thana In - Charge, Police Station Saraswati Nagar, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh.

¶82

9 - Kamlesh Tiwari, S/o Durga Prasad Tiwari, R/o Naharpara, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh.

¶83

--- Respondent(s)

¶84

WPC No. 2579 of 2020

¶85

1 - Saraswati Sahu W/o Keshu Sahu Aged About 44 Years R/o House No. 23/ K, Veer Shivaji Nagar, Disha College, Kota, Raipur, District Raipur, Chhattisgarh.

¶86

--- Petitioner(s)

¶87

7

¶88

Versus

¶89

1 - State Of Chhattisgarh Through Chief Secretary, Mantralaya Raipur, District Raipur, Chhattisgarh.

¶90

2 - Secretary Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh.

¶91

3 - Secretary Department Of Urban Administration, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur, Chhattisgarh.

¶92

4 - Collector Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh.

¶93

5 - Superintendent Of Police Raipur, District Raipur, Chhattisgarh.

¶94

6 - Commissioner Raipur, Municipal Corporation, District Raipur, Chhattisgarh.

¶95

7 - Sub Divisional Officer Raipur, District Raipur, Chhattisgarh.

¶96

8 - Thana In-Charge Police Station Saraswati Nagar, District Raipur, Chhattisgarh.

¶97

9 - Kamlesh Tiwari S/o Durga Prasad Tiwari R/o Naharpara, Raipur, District Raipur, Chhattisgarh.

¶98

--- Respondent(s)

¶99

WPC No. 2580 of 2020

¶100

1 - Hiramani Yadav W/o Naresh Yadav Aged About 40 Years R/o Ward No. 08, Veer Shivaji Nagar , Kota Near Ravi Shankar University, Raipur Chhattisgarh., District : Raipur, Chhattisgarh.

¶101

--- Petitioner(s)

¶102

8

¶103

Versus

¶104

1 - State Of Chhattisgarh Through Chief Secretary, Mantralaya , Raipur , District Raipur Chhattisgarh., District : Raipur, Chhattisgarh.

¶105

2 - Secretary Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur , District Raipur Chhattisgarh., District : Raipur, Chhattisgarh.

¶106

3 - Secretary Department Of Urban Administration, Mantralaya, Mahanadi Bhawan, Atal Nagar Raipur , District Raipur Chhattisgarh., District : Raipur, Chhattisgarh.

¶107

4 - Collector Raipur , District Raipur Chhattisgarh., District : Raipur, Chhattisgarh.

¶108

5 - Superintendent Of Police District Raipur Chhattisgarh., District : Raipur, Chhattisgarh.

¶109

6 - Commissioner Raipur, Municipal Corporation , District Raipur Chhattisgarh., District : Raipur, Chhattisgarh.

¶110

7 - Sub Divisional Officer Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh.

¶111

8 - Thana In Charge Police Station Saraswati Nagar, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh.

¶112

9 - Naib Tahsildar Tahsil Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh.

¶113

10 - Kamlesh Tiwari S/o Durga Prasad Tiwari R/o Naharpara, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh.

¶114

--- Respondent(s)

¶115

9

¶116

WPC No. 2573 of 2020

¶117

1 - Sushila Sarthi W/o Balram Prasad Sarthi Aged About 34 Years R/o Ward No.12, Near Disha College, Kota, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh.

¶118

--- Petitioner(s)

¶119

Versus

¶120

1 - State Of Chhattisgarh Through Chief Secretary, Mantralaya, Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh.

¶121

2 - Secretary Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh.

¶122

3 - Secretary Department Of Urban Administration, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh.

¶123

4 - Collector Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh.

¶124

5 - Superintendent Of Police Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh.

¶125

6 - Commissioner Municipal Corporation Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh.

¶126

7 - Sub Divisional Officer Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh.

¶127

8 - Thana In-Charge Police Station Saraswati Nagar, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh.

¶128

10

¶129

9 - Kamlesh Tiwari S/o Durga Prasad Tiwari R/o Naharpara,raipur,

¶130

District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh.

¶131

--- Respondent(s)

¶132

WPC No. 2274 of 2020

¶133

1 - Laxmi Bai Sarode W/o Jai Kumar Sarode Aged About 43 Years R/o House No. 09, Kota Road, Veer Shivaji Nagar, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh.

¶134

--- Petitioner(s)

¶135

Versus

¶136

1 - State Of Chhattisgarh Through Chief Secretary, Mantralaya, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh.

¶137

2 - Secretary Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh.

¶138

3 - Secretary Department Of Urban Administration, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh.

¶139

4 - Collector Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh.

¶140

5 - Superintendent Of Police Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh.

¶141

6 - Commissioner Raipur, Municipal Corporation, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh.

¶142

11

¶143

7 - Sub Divisional Officer Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh.

¶144

8 - Thana In Charge Police Station Saraswati Nagar, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh.

¶145

9 - Kamlesh Tiwari S/o Durga Prasad Tiwari R/o Naharpara, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh.

¶146

--- Respondent(s)

¶147

WPC No. 2142 of 2020

¶148

1 - Janki Sharma W/o Late Dwarika Prasad Sharma, Aged About 65 Years R/o Ward No. 23, Veer Shivaji Nagar, Kota, Near Disha College, Raipur Chhattisgarh., District : Raipur, Chhattisgarh.

¶149

2 - Sangita Yadav W/o Shrawan Yadav, Aged About 45 Years R/o Ward No. 23, Veer Shivaji Nagar, Kota, Near Disha College, Raipur Chhattisgarh, District : Raipur, Chhattisgarh.

¶150

3 - Maya Bairagi W/o Rajesh Bairagi, Aged About 41 Years R/o Ward No. 23, Veer Shivaji Nagar, Kota, Near Disha College, Raipur Chhattisgarh., District : Raipur, Chhattisgarh.

¶151

4 - Sanju Sharma S/o Janki Sharma, Aged About 42 Years R/o Ward No. 23, Veer Shivaji Nagar, Kota, Near Disha College, Raipur Chhattisgarh, District : Raipur, Chhattisgarh.

¶152

--- Petitioner(s)

¶153

Versus

¶154

1 - State Of Chhattisgarh Through Chief Secretary, Mantralaya, Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh.

¶155

12

¶156

2 - Secretary, Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh.

¶157

3 - Secretary, Department Of Urban Administration, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh.

¶158

4 - Collector, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh.

¶159

5 - Superintendent Of Police, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh.

¶160

6 - Commissioner, Raipur, Municipal Corporation, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh.

¶161

7 - Sub Divisional Officer, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh.

¶162

8 - Thana In-Charge, Police Station Saraswati Nagar, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh.

¶163

9 - Kamlesh Tiwari, S/o Durga Prasad Tiwari, R/o Naharpara, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh.

¶164

--- Respondent(s)

¶165

For Petitioner(s)	: Ms. Gayatri Chouhan, Advocate
	on behalf of Ms. Rajni Soren, Advocate.
For Municipal Corporation,	: Mr. Pankaj Agrawal, Advocate.
Raipur

¶166

13

¶167

For Respondent No.	9 in		Ms. Katyayani Vishnupriay,
WPC No. 2172/2020,	WPC		Advocate.
No. 2142/2020, WPC	No.
2274/2020, WPC	No.
2586/2020 and WPC	No.
2596/2020.
For Intervenor		:	Mr. Shobhit Koshta, Advocate.

¶168

Hon’ble Mr. Justice Amitendra Kishore Prasad

¶169

Order on Board

¶170

07/04/2026

¶171

Since common question of facts and law is involved in these cases, as such, all these petitions are being disposed of by this common order.

¶172

The petitioners have prayed for certain reliefs in the writ petitions. Though there are some sort of differences in respect of prayer made by the petitioners in all the petitions, however, in sum and substance, the reliefs are altogether similar and identical. The reliefs prayed in WPC No. 2172/2020 (Bhimrao Sontake vs. State of Chhattisgarh & others) are quoted hereinbelow in order to consider these cases and to decide the same.

¶173

“(i) Pass an order directing an enquiry and appropriate action against the illegal demolition of the petitioner's house in khasra no. 772/2 Patwari Halka No. 52, Village Chirhuldih, Tahsil Raipur, Distt. Raipur (C.G.).

¶174

14

¶175

(ii) Pass an order directing compensation to the tune of Rupees one lakh for illegal demolition of the petitioner's house.

¶176

(iii) Pass an order directing the respondents to issue leasehold rights to the petitioner over land occupied by them in khasra no. 772/2 Patwari Halka No. 52, Village Chirhuldih, Tahsil Raipur, Distt. Raipur (C.G.);

¶177

(iv) Pass any other order the Hon'ble Court may deem fit in the interest of justice.”

¶178

Brief facts of the case, that, the petitioner, a landless person, has been residing in Raipur along with his family and earns his livelihood as an auto driver, owing to his indigent circumstances, he constructed a modest dwelling upon government land bearing Khasra No. 772/2, Patwari Halka No. 52, situated at Village Chirhuldih, Tahsil and District Raipur (C.G.), and has been in continuous possession thereof since the year 1999. In support of his long-standing residence and identity, the petitioner has placed on record a true copy of his identity card dated 02.02.2003 issued by the Election Commission of India, along with tax receipts issued by the Raipur Municipal Corporation and his ration card. It is further submitted that in the surrounding area comprising Khasra Nos. 772/2 to 772/4, several similarly situated persons have been residing for years, and approximately fifteen families, including that of the petitioner, have constructed dwelling houses thereon. As per the revenue records, Khasra No. 772/2 is

¶179

15

¶180

government land, Khasra No. 772/3 is also government land acquired under the Ceiling Act, and Khasra No. 772/4 is likewise recorded as government land. Despite the same, about seven families, including the petitioner, have been issued notices alleging encroachment on land purportedly claimed by one Kamlesh Tiwari, S/o Durga Prasad Tiwari, Director of Nexus Buildcon Pvt. Ltd., though, in fact, neither the said individual nor the said company holds any ownership over Khasra Nos. 772/2 to 772/4, and their ownership is confined only to adjacent land bearing Khasra No. 772/1, as evidenced by revenue records. It is respectfully submitted that the said private respondent, in collusion with the authorities, is attempting to unlawfully dispossess the petitioner and other similarly placed families who have been in settled possession for more than two decades, and is falsely asserting ownership over government land which, in accordance with law and policy, ought to have been regularized or settled in favour of such occupants. It is further submitted that pursuant to notice dated 07.07.2020 issued by the Naib Tahsildar, Raipur, the petitioner was directed to appear on 22.07.2020 at 11:00 AM to show cause regarding the alleged encroachment; however, due to the prevailing lockdown, the matter was adjourned to 25.08.2020, and during the pendency of the proceedings, the private respondent, along with his associates, illegally and forcibly demolished the petitioner’s house on 19.08.2020. Thereafter, the petitioner promptly lodged a

¶181

16

¶182

complaint dated 24.08.2020 before the Collector, Raipur, bringing to notice the arbitrary and unlawful demolition of his dwelling, thereby depriving him and his family of shelter without due process of law.

¶183

Learned counsel for the petitioners submits that, in all the petitions, the petitioners are aggrieved by the actions of the respondent authorities, who have either threatened them, dispossessed them, or demolished the houses in which they have been residing. She further submits that the matter pertains to alleged encroachment upon government land, on which the petitioners have constructed their houses and have been residing for the past two to three decades. It is also submitted that the petitioners have already filed appropriate applications before the competent authorities seeking consideration for settlement of the land in their favour and for the grant of pattas to each of them in accordance with the provisions of the Chhattisgarh Nagriya Kshetron Ke Bhoomihin Vyakti (Pattadhriti Adhikaron Ka Pradan Kiya Jana) Adhiniyam, 1984.

¶184

Learned counsel for the Municipal Corporation, Raipur, submits that the petitioners are encroachers upon government land and that the subject land falls within the territorial jurisdiction of the Municipal Corporation. It is contended that, even if the petitioners seek any relief by way of filing applications for settlement of the land, they are required to approach the competent authority, namely the concerned Collector, and not this Hon’ble Court, as an

¶185

17

¶186

efficacious alternative remedy is available to them under the law. It is further submitted that the petitioners have not availed themselves of such alternative remedy, and in the event they have already approached the competent authorities, they may be directed to pursue their remedy in accordance with the provisions of the Revenue Book Circular.

¶187

Learned counsel for the State submits that the petitions, as framed and filed before this Hon’ble Court, are not maintainable. It is contended that if the petitioners seek the grant of patta/lease or protection of their possession, they are required to approach the competent authorities in accordance with the remedies available under the Revenue Book Circular. However, instead of availing themselves of the aforesaid statutory remedies, the petitioners have directly approached this Court, albeit in the year 2020, and therefore, on this ground alone, the petitions are liable to be dismissed as not maintainable.

¶188

I have heard learned counsel for the parties and perused the material available on record.

¶189

The Hon’ble Supreme Court in the matter of Leelavathi N. and others vs. State of Karnataka and others, 2025 SCC Online SC 2253 , the Hon’ble Supreme Court has observed as under:- “35. Recently, a three-Judge Bench of this Court in PHR Invent Educational Society v. UCO Bank, (2024) 6 SCC 579, has held as under:

¶190

37. It could thus clearly be seen that the Court has carved out certain exceptions when a

¶191

18

¶192

petition under Article 226 of the Constitution could be entertained in spite of availability of an alternative remedy. Some of them are thus:

¶193

(i) where the statutory authority has not acted in accordance with the provisions of the enactment in question;

¶194

(ii) it has acted in defiance of the fundamental principles of judicial procedure;

¶195

(iii) it has resorted to invoke the provisions which are repealed; and

¶196

(iv) when an order has been passed in total violation of the principles of natural justice.

¶197

38. It has however been clarified that the High Court will not entertain a petition under Article 226 of the Constitution if an effective alternative remedy is available to the aggrieved person or the statute under which the action complained of has been taken itself contains a mechanism for redressal of grievance.”

¶198

From a perusal of the record, it appears that the grievance of the petitioners is that they are in occupation of the land in dispute, which the respondents claim to be government land; the petitioners themselves do not assert ownership over the said land. However, it is their consistent submission that they have been in long-standing possession of the land in question and

¶199

19

¶200

have constructed residential houses thereon, wherein they are residing along with their family members. It has further been contended that the petitioners have submitted appropriate applications before the competent authorities seeking grant of lease/patta, which are yet to be decided, and in the meantime, they have been subjected to threats of dispossession; in some cases, the petitioners have already been dispossessed. In these circumstances, it is submitted that appropriate relief, as sought by the petitioners, deserves to be granted.

¶201

From a perusal of the reliefs sought, it appears that the same cannot be granted by this Court, as they involve disputed questions of fact which are not amenable to adjudication in writ jurisdiction. Further, if the petitioners have already approached the competent authorities for grant of lease/patta, they are required to pursue the remedies available to them under the law; accordingly, the petitioners are directed to avail the alternative statutory remedy. However, considering that the present petitions have been pending since the year 2020, it is deemed appropriate, while disposing of these writ petitions, to direct the concerned authorities to decide the applications of the petitioners within a period of 90 days from the date of their approach along with a copy of this order. It is further directed that, in cases where any of the petitioners continue to remain in possession pursuant to interim protection granted by this Court, such petitioners shall not be dispossessed until their applications are decided by the

¶202

20

¶203

competent authorities within the stipulated period.

¶204

The petitioners are at liberty to file appropriate applications, in accordance with law, if the same have not already been filed, within a period of 20 days from the date of receipt of copy of this order.

¶205

Each and every respondent is at liberty to approach the concerned authorities for redressal of their grievances, in accordance with the procedure established under law.

¶206

With this observation and direction, the writ petitions are disposed of.

¶207

Sd/(Amitendra Kishore Prasad) Judge

¶208

Raghu Jat

Janki Sharma v. State of Chhattisgarh

Case brief

What is this about?

Janki Sharma v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Tapan Vishwas Vs State of Chhattisgarh

Chetan Dubey Vs State of Chhattisgarh

Sukhnandan Mahilang, Vs State of Chhattisgarh

Novel Kumar Verma Vs Tilesh Kumar Gabel

Mani Ram Vs State of Chhattisgarh

Shiv Kumar Chandrakar Vs State of Chhattisgarh