✦ High Court of India

1 - Smt. Ahilya Bai W/o Hariram Aged About 89 Years R/o Village v. 1 - State Of Chhattisgarh Through The Secretary, Department, Revenue And Disaster Management, Mahanadi

Case Details

1 AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.03.12 15:11:43 +0530 2025:CGHC:12262 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1408 of 2023 1 - Smt. Ahilya Bai W/o Hariram Aged About 89 Years R/o Village - Sikolabhatha, Police Station Mohan Nagar, Tahsil And District - Durg, Chhattisgrh. --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department, Revenue And Disaster Management, Mahanadi Bhawan, Mantralaya, Naya Raipur, Chhattisgarh District Raipur, : 2 - The Collector District - Durg, Chhattisgarh. 3 - Municipal Corporation Durg, Through Its Commissioner, District : Durg, Chhattisgarh 4 - Additional Collector Durg, District : Durg, Chhattisgarh 5 - The Sub-Divisional Officer (Revenue) Durg, District : Durg, Chhattisgarh 6 - The Naib Tahsildar Durg, District : Durg, Chhattisgarh 7 - Directorate Of Town And Country Planning Through The Joint Director, Town And Country Planning, Durg, District : Durg, Chhattisgarh 8 - District Registrar Durg, District : Durg, Chhattisgarh --- Respondent(s) WPC No. 1409 of 2023 2

Legal Reasoning

1 - Smt. Mantora Bai W/o. Punaram, Aged About 77 Years R/o. Polsaypara, Police Station Mohan Nagar, Tahsil And District- Durg (Chhattisgarh) ---Petitioner(s) Versus 1 - State of Chhattisgarh Through The Secretary, Department, Revenue And Disaster Management, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur (Chhattisgarh) 2 - The Collector, District - Durg (Chhattisgarh) 3 - Municipal Corporation, Durg, Through Its Commissioner, District - Durg (Chhattisgah) 4 - Additional Collector, Durg, District - Durg, (Chhattisgarh) 5 - The Sub-Divisional Officer (Revenue), Durg, District - Durg (Chhattisgarh) 6 - The Naib Tahsildar, Durg, District - Durg (Chhattisgarh) 7 - Directorate Of Town And Country Planning, Through The Joint Director, Town And Country Planning, Durg, District - Durg (Chhattisgarh) 8 - District Registrar, Durg, District - Durg (Chhattisgarh) --- Respondent(s) WPC No. 1411 of 2023 1 - Govind Prasad Mehar S/o Phool Singh Mehar Aged About 68 Years R/o Village - Sikolabhatha, Police Station Mohan Nagar, Tahsil And District - Durg, Chhattisgrh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department, Revenue And Disaster Management, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur, Chhattisgarh 2 - The Collector District - Durg, Chhattisgarh. 3 - Municipal Corporation Durg, Through Its Commissioner, District Durg, Chhattisgarh 3 4 - Additional Collector Durg, District Durg, Chhattisgarh 5 - The Sub-Divisional Officer (Revenue) Durg, District Durg, Chhattisgarh 6 - The Naib Tahsildar Durg, District Durg, Chhattisgarh 7 - Directorate Of Town And Country Planning Through The Joint Director, Town And Country Planning, Durg, District Durg, Chhattisgarh 8 - District Registrar Durg, District Durg, Chhattisgarh --- Respondent(s) WPC No. 1412 of 2023 1 - Yogesh Sahu S/o Late Than Singh Aged About 22 Years R/o Village - Sikolabasti, Police Station Mohan Nagar, Tahsil And District - Durg Chhattisgarh. ---Petitioner(s) Versus 1 - State of Chhattisgarh Through The Secretary, Department, Revenue And Disaster Management, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur (Chhattisgarh) 2 - The Collector, District - Durg (Chhattisgarh) 3 - Municipal Corporation, Durg, Through Its Commissioner, District - Durg (Chhattisgah) 4 - Additional Collector, Durg, District - Durg, (Chhattisgarh) 5 - The Sub-Divisional Officer (Revenue), Durg, District - Durg (Chhattisgarh) 6 - The Naib Tahsildar, Durg, District - Durg (Chhattisgarh) 7 - Directorate Of Town And Country Planning, Through The Joint Director, Town And Country Planning, Durg, District - Durg (Chhattisgarh) 8 - District Registrar, Durg, District - Durg (Chhattisgarh) --- Respondent(s) 4 WPC No. 1416 of 2023 1 - Banshi Lal Sahu S/o Johan Sahu Aged About 69 Years R/o Village Sikola Basti, Police Station Mohan Nagar, Tahsil And District Durg Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department, Revenue And Disaster Management, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur (Chhattisgarh) 2 - The Collector, District - Durg (Chhattisgarh) 3 - Municipal Corporation, Durg, Through Its Commissioner, District - Durg (Chhattisgah) 4 - Additional Collector, Durg, District - Durg, (Chhattisgarh) 5 - The Sub-Divisional Officer (Revenue), Durg, District - Durg (Chhattisgarh) 6 - The Naib Tahsildar, Durg, District - Durg (Chhattisgarh) 7 - Directorate Of Town And Country Planning, Through The Joint Director, Town And Country Planning, Durg, District - Durg (Chhattisgarh) 8 - District Registrar, Durg, District - Durg (Chhattisgarh) --- Respondent(s) WPC No. 1417 of 2023 1 - Indarman Lahre S/o Thakur Ram Lahre Aged About 39 Years R/o Village Sikola Bhatha, Police Station Mohan Nagar, Tahsil Durg, District : Durg, Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Revenue And Disaster Management, Mahanadi Bhawan, Mantralaya, Naya Raipur, District : Raipur, Chhattisgarh 2 - The Collector District Durg, Chhattisgarh. 5 3 - Municipal Corporation, Durg Through Its Commissioner, District : Durg, Chhattisgarh 4 - Additional Collector Durg, District : Durg, Chhattisgarh 5 - The Sub-Divisional Officer (Revenue) Durg, District : Durg, Chhattisgarh 6 - The Naib Tahsildar Durg, District : Durg, Chhattisgarh 7 - Directorate Of Town And Country Planning Through The Joint Director, Town And Country Planning, Durg, District : Durg, Chhattisgarh 8 - District Registrar Durg, District : Durg, Chhattisgarh --- Respondent(s) WPC No. 1418 of 2023 1 - Mehattar S/o Baglu Aged About 44 Years R/o Mararpara, Police Station City Kotwali, Tahsil And District Durg Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department, Revenue And Disaster Management, Mahanadi Bhawan, Mantralaya, Naya Raipur District Raipur Chhattisgarh 2 - The Collector, District - Durg (Chhattisgarh) 3 - Municipal Corporation, Durg, Through Its Commissioner, District - Durg (Chhattisgah) 4 - Additional Collector, Durg, District - Durg, (Chhattisgarh) 5 - The Sub-Divisional Officer (Revenue), Durg, District - Durg (Chhattisgarh) 6 - The Naib Tahsildar, Durg, District - Durg (Chhattisgarh) 7 - Directorate Of Town And Country Planning, Through The Joint Director, Town And Country Planning, Durg, District - Durg (Chhattisgarh) 8 - District Registrar, Durg, District - Durg (Chhattisgarh) --- Respondent(s) 6 WPC No. 1547 of 2023 1 - Shivprasad S/o. Jhumuk, Aged About 63 Years R/o. Village - Sikola Bhatha, Police Station Mohan Nagar, Tahsil And District - Durg Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department, Revenue And Disaster Management, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur Chhattsgarh. 2 - The Collector, District - Durg Chhattisgarh 3 - Municipal Corporation, Durg Through Its Commissioner, District - Durg Chhattigarh 4 - Additional Collector, Durg, District - Durg Chhattisgarh 5 - The Sub-Divisional Officer (Revenue), Durg, District - Durg Chhattisgarh 6 - The Naib Tahsildar, Durg, District - Durg Chhattisgarh 7 - Directorate Of Town And Country Planning, Through The Joint Director, Town And Country Planning, Durg, District - Durg Chhattisgarh 8 - District Registrar, Durg, District - Durg Chhattisgarh --- Respondent(s) WPC No. 1552 of 2023 1 - Smt. Manbai W/o Kartik Aged About 61 Years R/o Village - Sikola Bhatha, Police Station Mohan Nagar, Tahsil And District - Durg (Chhattisgarh) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department, Revenue And Disaster Management, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur (Chhattisgarh) 2 - The Collector District - Durg (Chhattisgarh) 3 - Municipal Corporation Durg, Through Its Commissioner, District - Durg (Chhattisgarh) 7 4 - Additional Collector Durg, District - Durg (Chhattisgarh) 5 - The Sub - Divisional Officer (Revenue) Durg, District - Durg (Chhattisgarh) 6 - The Naib Tahsildar Durg District - Durg (Chhattisgarh) 7 - Directorate Of Town And Country Planning Through The Joint Director, Town And Country Planning, Durg, District - Durg (Chhattisgarh) 8 - District Registrar Durg, District - Durg (Chhattisgarh) --- Respondent(s) WPC No. 1553 of 2023 1 - Puran Lal S/o Late Lalla Sahu Aged About 78 Years R/o Village- Sikola Basti, Police Station Mohan Nagar, Tahsil And District- Durg, Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department, Revenue And Disaster Management, Mahanadi Bhawan, Mantralaya, Naya Raipur, District : Raipur, Chhattisgarh 2 - The Collector District- Durg, Chhattisgarh 3 - Municipal Corporation Durg Through Its Commissioner, District : Durg, Chhattisgarh 4 - Additional Collector Durg, District : Durg, Chhattisgarh 5 - The Sub- Divisional Officer (Revenue) Durg, District : Durg, Chhattisgarh 6 - The Naib Tahsildar Durg, District : Durg, Chhattisgarh 7 - Directorate Of Town And Country Planning Through The Joint Director, Town And Country Planning, Durg, District : Durg, Chhattisgarh 8 - District Registrar Durg, District : Durg, Chhattisgarh --- Respondent(s) 8 WPC No. 1556 of 2023 1 - Smt. Santara Devi Wd/ O Hoshiyarmal Aged About 62 Years R/o Dhamdha Naka, Police Station Mohan Nagar, Tahsil And District Durg Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department, Revenue And Disaster Management, Mahanadi Bhawan, Mantralaya, Naya Raipur District Raipur Chhattisgarh 2 - The Collector District Durg Chhattisgarh 3 - Municipal Corporation, Durg Through Its Commissiner, District Durg Chhattisgarh 4 - Additional Collector Durg, District Durg Chhattisgarh 5 - The Sub Divisional Officer (Revenue) Durg District Durg Chhattisgarh 6 - The Naib Tahsildar, Durg District Durg Chhattisgarh 7 - Directorate Of Town And Country Planning Through The Joint Director, Town And Country Planning, Durg District Durg Chhattisgarh 8 - District Registrar Durg, District Durg Chhattisgarh --- Respondent(s) WPC No. 1561 of 2023 1 - Puran Lal Sahu S/o Late Samaru Aged About 40 Years R/o Village - Sikolabhatha, Police Station Mohan Nagar, Tahsil And District - Durg, Chhattisgrh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department, Revenue And Disaster Management, Mahanadi Bhawan, Mantralaya, Naya Raipur, District : Raipur, Chhattisgarh 2 - The Collector District - Durg, Chhattisgarh. 9 3 - Municipal Corporation Durg, Through Its Commissioner, District : Durg, Chhattisgarh 4 - Additional Collector Durg, District : Durg, Chhattisgarh 5 - The Sub-Divisional Officer (Revenue) Durg, District : Durg, Chhattisgarh 6 - The Naib Tahsildar Durg, District : Durg, Chhattisgarh 7 - Directorate Of Town And Country Planning Through The Joint Director, Town And Country Planning, Durg, District : Durg, Chhattisgarh 8 - District Registrar Durg, District : Durg, Chhattisgarh --- Respondent(s) WPC No. 1565 of 2023 1 - Prakash Rajput S/o Late Jawahar Singh Rajput Aged About 38 Years R/o. Karamcharinagar, Police Station Mohan Nagar, Tahsil And District- Durg (Chhattisgarh) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department, Revenue And Disaster Management, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur (Chhattisgarh) 2 - The Collector, District - Durg (Chhattisgarh) 3 - Municipal Corporation, Durg, Through Its Commissioner, District - Durg (Chhattisgah) 4 - Additional Collector, Durg, District - Durg, (Chhattisgarh) 5 - The Sub-Divisional Officer (Revenue), Durg, District - Durg (Chhattisgarh) 6 - The Naib Tahsildar, Durg, District - Durg (Chhattisgarh) 7 - Directorate Of Town And Country Planning, Through The Joint Director, Town And Country Planning, Durg, District - Durg (Chhattisgarh) 8 - District Registrar, Durg, District - Durg (Chhattisgarh) --- Respondent(s) 10 WPC No. 1415 of 2023 1 - Vikram Yadav S/o Late Jethuram Aged About 70 Years R/o Village- Sikolabasti Police Station Mohan Nagar, Tahsil And District- Durg, District : Durg, Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department, Revenue And Disaster Management, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur (Chhattisgarh) 2 - The Collector, District - Durg (Chhattisgarh) 3 - Municipal Corporation, Durg, Through Its Commissioner, District - Durg (Chhattisgah) 4 - Additional Collector, Durg, District - Durg, (Chhattisgarh) 5 - The Sub-Divisional Officer (Revenue), Durg, District - Durg (Chhattisgarh) 6 - The Naib Tahsildar, Durg, District - Durg (Chhattisgarh) 7 - Directorate Of Town And Country Planning, Through The Joint Director, Town And Country Planning, Durg, District - Durg (Chhattisgarh) 8 - District Registrar, Durg, District - Durg (Chhattisgarh) --- Respondent(s) WPC No. 1609 of 2023 1 - Kheduram S/o Late Guharam Aged About 62 Years R/o Village - Sikolabasti, Police Station Mohan Nagar, Tahsil And District - Durg Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department, Revenue And Disaster Management, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur Chhattisgarh 2 - The Collector, District - Durg Chhattisgarh 11 3 - Municipal Corporation, Durg, Through Its Commissioner, District - Durg Chhattisgarh 4 - Additional Collector, Durg, District - Durg, Chhattisgarh 5 - The Sub - Divisional Officer (Revenue), Durg, District - Durg Chhattisgarh 6 - The Naib Tahsildar, Durg, District - Durg, Chhattisgarh 7 - Directorate Of Town And Country Planning, Through The Joint Director, Town And Country Planning, Durg, District - Durg Chhattisgarh 8 - District Registrar, Durg, District - Durg Chhattisgarh --- Respondent(s) WPC No. 1615 of 2023 1 - Ashish Kumar Sahu S/o Late Santuram Sahu, Aged About 43 Years R/o. Village Sikola Basti, Police Station Moha Nagar, Tahsil And District Durg Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department, Revenue And Disaster Management, Mahanadi Bhawan, Mantralaya, Naya Raipur Chhattisgarh 2 - The Collector, District Durg Chhattisgarh 3 - Municipal Corporation, Durg, Through Its Commissioner, District Durg Chhattisgarh 4 - Additional Collector, Durg, District Durg Chhattisgarh 5 - The Sub-Divisional Officer (Revenue), Durg, District Durg Chhattisgarh 6 - The Naib Tahsildar, Durg District Durg Chhattigarh 7 - Directorate Of Town And Country Planning, Through The Joint Director, Town And Country Planning, Durg, District Durg Chhattisgarh 8 - District Registrar, Durg, District Durg Chhattisgarh --- Respondent(s) 12 WPC No. 1652 of 2023 1 - Smt. Ganga Bai W/o Gaindu Aged About 82 Years R/o Village - Sikola Bhatha, Police Station Mohan Nagar, Tahsil And District - Durg, Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department, Revenue And Disaster Management, Mahanadi Bhawan, Mantralaya, Naya Raipur, District : Raipur, Chhattisgarh 2 - The Collector District - Durg, Chhattisgarh. 3 - Municipal Corporation Durg, Through Its Commissioner, District : Durg, Chhattisgarh 4 - Additional Collector Durg, District : Durg, Chhattisgarh 5 - The Sub-Divisional Officer (Revenue) Durg, District : Durg, Chhattisgarh 6 - The Naib Tahsildar Durg, District : Durg, Chhattisgarh 7 - Directorate Of Town And Country Planning Through The Joint Director, Town And Country Planning, Durg, District : Durg, Chhattisgarh 8 - District Registrar Durg, District : Durg, Chhattisgarh --- Respondent(s) WPC No. 1493 of 2023 1 - Geeta Sahu S/o Bhikham Sahu Aged About 61 Years R/o Kasaridih Borsi, Police Station City Kotwali, Tahsil And District - Durg Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department, Revenue And Disaster Management, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur Chhattisgarh 2 - The Collector District - Durg (Chhattisgarh) 3 - Municipal Corporation Durg, Through Its Commissioner District - Durg Chhattisgarh 13 4 - Additional Collector Durg, District - Durg (Chhattisgarh) 5 - The Sub - Divisional Officer (Revenue) Durg, District - Durg (Chhattisgarh) 6 - The Naib Tahsildar Durg, District - Durg (Chhattigarh) 7 - Directorate Of Town And Country Planning Through The Joint Director, Town And Country Planning, Durg, District - Durg (Chhattisgarh) 8 - District Registrar Durg, District - Durg (Chhattisgarh) --- Respondent(s) For Petitioner(s) : Mr. S.C. Verma, Senior Advocate assisted by For Respondent(s) For : Mr. Satish Gupta, G.A. : Mr. Pankaj Agrawal, Advocate Mr. Manharan Lal Sahu, Advocate Respondent/Corporation Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 12/03/2025 Heard. 1. Since, the common facts and grounds are involved in all these writ

Decision

petitions, they are being considered and disposed of by this common order. 2. By the present writ petitions, the petitioners, who are the owners of their respective lands, as has been pleaded in the petitions, are seeking a direction towards the respondent authorities to permit them to sale the respective lands owned by them. 3. Learned counsel for the petitioners submit that the petitioners are not making any illegal plotting on the lands, however, they wish to sale the lands owned by them within the permissible limit. 14 4. Learned counsel for the State as well as Corporation, on instructions, would submit that if the petitioners wish to sell the land within permissible limit, then the State and Corporation have no objection to the contention of the petitioners and they may sell their respective lands owned by them within permissible limit of land transactions without any plotting. 5. I have heard learned counsel for the parties and perused the documents. 6. Perusal of the pleadings and documents, it is evident that the order of restriction of sale has been imposed by the authorities only to prevent illegal plotting. Since, the petitioners are stating that they wish to sell their total lands owned by them within permissible limit of land transactions, there is nothing left to adjudicate, at this stage. Hence, it is directed that the petitioners be permitted to sell their respective lands within permissible limit of land transactions. 7. With the aforesaid observation, all the petitions stand disposed off. SD/- (Bibhu Datta Guru) Judge Amardeep

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