Kamlesh Yadav Vs State of Chhattisgarh

1. By filing the present petition, the petitioner calls in question the inaction of the respondent authorities in not considering and granting patta/allotment in respect of land bearing Khasra No. 1080, admeasuring 0.260 hectare, situated at Village Bakli, Tahsil

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Rajim, District Gariyaband (C.G.), which is presently recorded as Government land. The petitioner, a landless person, submits that he has been in continuous possession of the said land for several decades and has developed and cultivated the same by investing substantial labour and resources. The petitioner is earning his livelihood from agricultural activities carried out on the said land, yet the respondents have failed to take any decision regarding issuance of patta in his favour, compelling him to approach this Court. The petitioner has prayed for following relief(s) :-

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“10.1 That, this Hon'ble Court may kindly be pleased to direct the respondent no.3 to consider and decide the claim of petitioner for grant of Bhumiswami/patta in respect of land bearing khasra no. 1080 area 0.260 hecture land situated at Village-Bakli, Tahsil-rajim, District-Gariyaband [C.G), in view of provisions of Chhattisgarh Krishi Prayojan Ke Liye Upyog Ki Ja Rahi Dakhalrahit Bhumi Par Bhumiswami Adhikaron Ka Pradan Kiya Jana [Vishesh Upbandh] Adhiniyam, in accordance with law.

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10.2 To kindly grant any other relief which may be deem fit in the given facts and circumstances of the instant case. ”

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2. Learned counsel for the petitioner submits that the petitioner is a landless person and is in possession of Government land bearing Khasra No.1080, admeasuring 0.260 hectare, situated at Village Bakli, Tahsil Rajim, District Gariyaband (C.G.) for the last several

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decades. It is submitted that the petitioner has developed and improved the said land by investing substantial labour and resources and is carrying out agricultural activities thereon, which constitutes the sole source of livelihood for himself and his family members. He further submits that the State Government has enacted the Chhattisgarh Krishi Prayojan Ke Liye Upyog Ki Ja Rahi Dakhalrahit Bhumi Par Bhumiswami Adhikaron Ka Pradan Kiya Jana (Vishesh Upbandh) Adhiniyam, 1984 (for short, ‘Adhiniyam, 1984’), which provides for grant of Bhumiswami rights to eligible landless persons in occupation of Government land. It is submitted that the petitioner has submitted applications/representations dated 11.05.2026 and 18.05.2026 before the competent authority seeking grant of patta/Bhumiswami rights in respect of the aforesaid land. However, till date, no decision has been taken on the said applications.

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3. At this stage, learned counsel for the petitioner submits that the petitioner would be satisfied if a direction is issued to the concerned authority to consider and decide the aforesaid applications in accordance with law within a stipulated time-frame.

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4. On the other hand, learned State Counsel submits that if the applications submitted by the petitioner are pending consideration before the competent authority, the same shall be considered and decided strictly in accordance with the applicable statutory provisions.

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5. I have heard learned counsel for the parties and perused the documents annexed with the writ petition.

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6. From the perusal of the documents placed on record, it transpires that the petitioner claims to be in possession of the subject land for several years and has submitted applications dated 11.05.2026 and 18.05.2026 before the competent authority seeking grant of patta/Bhumiswami rights under the provisions of the Adhiniyam, 1984. It further appears that the said applications are yet to be considered and decided by the competent authority.

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7. Considering the overall facts and circumstances of the case, particularly the limited prayer made by learned counsel for the petitioner, without entering into the merits of the claim raised in the present writ petition, the same is disposed of with a direction to the concerned authority, namely, the Collector, Gariyaband, (C.G.), to consider and decide the applications/representations dated 11.05.2026 and 18.05.2026 submitted by the petitioner for grant of patta/Bhumiswami rights, strictly in accordance with law, by passing a reasoned and speaking order, as expeditiously as possible, preferably within a period of 60 days from the date of receipt of a certified copy of this order.

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8. It is made clear that this Court has not expressed any opinion on the merits of the petitioner's claim, entitlement, possession, eligibility or any other disputed question of fact or law. The competent authority shall independently examine the petitioner's

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claim and take an appropriate decision on its own merits in accordance with the applicable statutory provisions, rules and Government policies, after affording due opportunity of hearing to all concerned parties, if so required under law.

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9. With the aforesaid observations and directions, the writ petition stands disposed of.

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10. No order as to costs.

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Sd/-

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(Amitendra Kishore Prasad) Judge

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Yogesh

Kamlesh Yadav v. State of Chhattisgarh

Case brief

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Kamlesh Yadav v. State of Chhattisgarh

Case brief

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