Nafr High Court
Case Details
1 2025:CGHC:14490 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1998 of 2022 1 - Rewa Ram Sahu S/o Late Sita Ram Sahu Aged About 58 Years R/o Village Suhela, Post Office And P.S. Suhela, Tehsil Simga, District VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR Balodabazar Bhatapara Chhattisgarh. 2 - Niranjan Verma S/o Late Khamhan Lal Verma Aged About 58 Years R/o Village Suhela, Post Office And P.S. Suhela, Tehsil Simga, District Balodabazar Bhatapara Chhattisgarh. 3 - Ishwar Lal Verma S/o Late Kanhaiya Lal Verma Aged About 80 Years R/o Village Suhela, Post Office And P.S. Suhela, Tehsil Simga, District Balodabazar Bhatapara Chhattisgarh. 4 - Pratap Singh Thakur (Died) Through Legal Hair As Per Hon'able Court
Decision
Order Date 05-05-2022. 4.1 - (A) Satish Singh S/o Late Pratap Singh Thakur Aged About 47 Years R/o Village - Suhela, Post Office And Ps - Suhela, Tehsil- Simga, District - Balodabazar-Bhatapara Chhattisgarh. 5 - Ramdhin (Died) Through Legal Hair As Per Hon'able Court Order Date 05-05-2022 5.1 - (A) Satish S/o Late Ramadhin Verma Aged About 40 Years R/o Village - Suhela, Post Office And Ps - Suhela, Tehsil- Simga, District - Balodabazar-Bhatapara Chhattisgarh. 2 6 - Surendra Singh S/o Late Devi Singh Thakur Aged About 64 Years R/o Village Suhela, Post Office And P.S. Suhela, Tehsil Simga, District Balodabazar Bhatapara Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mahanadi Bhawan Atal Nagar, District Raipur Chhattisgarh. 2 - Board Of Revenue Bilaspur, District Bilaspur Chhattisgarh. 3 - Additional Commissioner Raipur Division, Raipur, District Raipur Chhattisgarh. 4 - Collector Balodabazar Bhatapara District Balodabazar Bhatapara Chhattisgarh. 5 - Sub Divisional Officer (Reveune) Officer Simga, District Balodabazar Bhatapara Chhattisgarh. 6 - Naib Tehsildar Suhela, Tehsil Simga, District Balodabazar Bhatapara Chhattisgarh. 7 - Daulatram S/o Devcharan Kurre Aged About 55 Years R/o Village Suhela, Post Office And P.S. Suhela, Tehsil Simga, District Balodabazar Bhatapara Chhattisgarh. 8 - Devendra Kumar S/o Sonauram Ghritlahare Aged About 45 Years R/o Village Suhela, Post Office And P.S. Suhela, Tehsil Simga, District Balodabazar Bhatapara Chhattisgarh. 9 - Devlal S/o Late Gayaram Miri Aged About 60 Years R/o Village 3 Suhela, Post Office And P.S. Suhela, Tehsil Simga, District Balodabazar Bhatapara Chhattisgarh. ... Respondents (Cause-title taken from the Case Information System) ----------------------------------------------------------------------------------------------- For Petitioners :- Mr. Shobhit Koshta, Advocate For State :- Mrs. Upasana Mehta, P.L. ----------------------------------------------------------------------------------------------- SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 26.03.2025 1. The petitioner has filed the petition seeking following reliefs:- “10.1) This Hon'ble Court may kindly be pleased to issue appropriate writ and quash / set-aside the impugned order dated 4/12/2017 (Annexure P-8) and illegal entries made vide Annexure P-3 and merged order of Commissioner dated 14/5/2015 and declare the petitioners as owner and bhumiswami of dispute land. 10.2) This Hon'ble Court may kindly be pleased to issue a writ, order or direction of mandamus directing the respondent authorities to pay just and reasonable compensation to the Petitioners for acquisition of petitioners land if they intent too along with interest and also be pleased to direct the respondent authorities to remove the illegal encroachments over the disputed land of the petitioner within such time frame as Hon'ble Court may deem fit in the facts and circumstance of the case. 10.3) This Hon'ble Court may kindly be pleased to call for the entire records of the instant case 4 and of disputed land for kind perusal of this Hon'ble Court. 10.4) Any other relief which this Hon'ble Court deem fit and proper may also kindly be granted to the petitioners in the interest of justice. ” 2. Brief facts of the case are that the petitioners and their ancestors were owners and bhumiswami of the land bearing Khasra No.- 113, 114, 267, 341, 353, 392, 433, 552/1, 667, 1692 & 1693 situated at Village-Suhela, Tehsil- Simga, District- Balodabazar- Bhatapara (herein after referred to as "grassland") admeasuring about 135 acres, which was recorded in the name of petitioners jointly. On 14/6/2012, the Collector- Baloda Bazar- Bhatapara passed the memorandum in which it was stated in view of the order passed all the grassland was directed to be recorded only in the name of Government and the name of land holders shall be removed from the same. In pursuance of that memorandum, the Naib Tehsildar, Suhela strike off the name of the petitioners and mutated the disputed land in the name of Government and registered the disputed land as Shamilit Grassland Government land. Against the said order, a writ petition was filed by the petitioners which was dismissed as withdrawn with liberty to file appeal before the Commissioner challenging the said memorandum. Thereafter, the petitioner approached the Commissioner vide appeal which was also dismissed and therefore, liberty was granted to the petitioners to approach the Collector for redressal of their grievances which was upheld by 5 the Board of Revenue. In pursuance of the Commissioner and Board of Revenue order, the petitioner filed a representation before the Collector pointing out the documents showing prima facie ownership of the petitioners and also highlighted the point that the disputed land is now being encroached by the Government authorities and given to various persons which is illegal, perverse and against the provision of law and hence, the impugned order is void, illegal and liable to be set-aside. Hence, this petition. 3. Learned counsel for the petitioners submits that the fact that the petitioners are the owner of the disputed land and the said land has been mutated in government name without paying any compensation and as per the Khasra panchasala, Adhikar Abhilekh and revenue entries, it is admitted fact that the petitioners are the owner and Bhumiswami of the disputed land and the disputed land was never mentioned as grassland by any order or in the revenue records. He submits that it is settled law that private land of any person cannot be acquired without paying any compensation as per due process of law and without giving any opportunity of hearing to petitioners. The respondent authorities have illegally acquire the petitioner’s land without initiating any land acquisition process under the Land Acquisition Act despite the fact that the petitioners are having Bhoomiswami right over the disputed land. He also submits that the petitioners have filed the representation which has still not been decided. 6 4. Learned State counsel is having objection to the submission made by counsel for the petitioners. 5. Considering the facts and circumstances of the case and further considering the submissions made by the parties, the petitioners are directed to make a fresh application for redressal of their grievance along with all the relevant documents before the concerned Collector annexing all the documents which has been annexed with this petition within a period of two weeks from the date of receipt of copy of this order and the concerned Collector, in turn, shall consider and decide the said application/representation of the petitioners, in accordance with law, while passing appropriate orders, within a further period of six weeks from the date of receipt of the said application/representation. 6. With this observation/direction, the writ petition stands disposed off. Vishakha Sd/- (Amitendra Kishore Prasad) Judge