Nafr High Court
Case Details
1 2025:CGHC:36462 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3831 of 2025 1 - Sunil Kumar Bhawnani S/o Late Hasmat Rai Bhawnani, Aged About 66 Years Caste Sindhi (Hindu), R/o Priyadarshani Indira Commercial Complex Plot No. 3, Transport Nagar, Korba, Police Station, Tahsil And District Korba C.G. 2 - Somesh Bhawnani S/o Sunil Kumar Bhawnani Aged About 44 Years Caste Sindhi Hindu), R/o Flat No. 604, Tower T-16, Treasure Township, Bijalpur, Indore (M.P.) 3 - Sanjesh Bhawnani S/o Sunil Kumar Bhawnani, Aged About 42 Years Caste Sindhi (Hindu), R/o Priyadarshani Indira Commercial Complex Plot No. 3, Transport Nagar, Korba, Police Station, Tahsil And District Korba C.G. 4 - Aashish Bhawnani S/o Sunil Kumar Bhawnani Aged About 39 Years Caste Sindhi (Hindu), R/o B-2401, Vishnu Shivam Tower, Thakur Village Kandivali (East), Mumbai , Maharashtra ... Petitioners versus 2 1 - The State Of Chhattisgarh Through The Secretary, Department Of Revenue And Disaster Management, Mahanadi Bhawan, New Mantralaya, Nawa Raipur, Atal Nagar, District Raipur C.G. 2 - The Chhattisgarh Board Of Revenue, Bilaspur, Through Its Secretary, Bilaspur C.G. 3 - The Additional Commissioner, Bilaspur Division, District Bilaspur C.G. 4 - The Collector, District Korba C.G. 5 - The Tahsildar, Tahsil Korba, District Korba C.G. 6 - The Chhatisgarh State Power Generation Company Limited (An Enterprises Of Chhattisgarh Government), Danganiya, Raipur C.G. Through - Its Chairman Cum Managing Director. 7 - The Superintending Engineer (Civil), Chhattisgarh State Power Distribution Company Limited, Maintenance Division-1, Korba (East), District Korba C.G. 8 - Fariyad Ali S/o Late Masru Hussain, Caste Musalman, R/o M.I.G.-47, Nehru Nagar, Korba, Tahsil And District Korba C.G. 9 - Fariyad Nazneen Bano D/o Hazi Abdul Gaffar Caste Musalman, R/o Station Road, Akaltara, District Janjgir-Champa C.G. 10 - Foolkunwar W/o Late Kanta Prasad Caste Marar Patel, R/o Patelpara, Korba, District Korba C.G. 11 - Arjun S/o Ramhiya Urf Bhagau Caste Marar Patel, R/o Patelpara, Korba, District Korba C.G. 3 ... Respondents --------------------------------------------------------------------------------------------------- For Petitioner
Legal Reasoning
Mr. Akath Kumar Yadav, Advocate : For Respondent/State For Respondent no. 6&7 : : Mr. Soumitra Kesharwani, Panel Lawyer Mr. Mayank Chandrakar, Advocate For Respondent no. 8 : Mr. Ashutosh Shukla, Caveator -------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Arvind Kumar Verma 28.07.2025 Order on Board 1. By way of this petition, the petitioner is seeking for the following reliefs:- “a. Allow this petition. b. Set aside the impugned order dated 22.05.2025(Annexure P/1) passed in Revenue Case No. A/10/R/B-121/06/2025, by the respondent no. 02, further be set-aside the impugned order dated 22.04.2025 (Annexure P/2) passed in E Court no. 201804990100003/B- 121/2017-18 by the respondent no. 3 arising out of the order dated 17.04.2018 (Annexure P/3) passed in Revenue Case No. 110/B-121/2016- 17, by the Respondent no. 4 in the interest of justice. c. Respondent no. 2 be directed to take appropriate action against the erring officials who were involved in execution of the sale deed by the private respondents, as the lands were alloted to CSPGCL Korba East, a subsidiary of CG Electricity Board for ropeway project, in the interest of justice. d. Respondent authorities be directed to cancel the registry executed in favor of private 4 respondents as the same has been executed by playing fraud and able to make illegal correction in the Revenue department. e. Revenue officers may direct to make necessary corrections in the Revenue records including the nazari naksha pertaining to the disputed land bearing Khasra NO. 40 according to the order dated 17.04.2018 (Annexure P/3) passed in Revenue Case No. 110/B-121/2016- 17, by the respondent no. 4 in the interest of justice. ” 2. Learned counsel for the petitioner submits that the Respondent (CSPGCL) had continuously wrote letter to the Tahsildar to correct the Revenue records after mutating the name of CSPGCL with respect to the land acquired for ropeway but the Tahsildar had not taken any action for the reasons best known to them. Private respondents after committing cheat and fraud by making illegal changes in the Revenue records as well as sale deed have managed to execute the sale deed of the land pertaining to the CG Electricity Board of Khasra No. 40/2 on 22- 08-2006, in the name of the respondent No.9,which was obtained under the land acquisition proceedings initiated for ropeway. He also submits that it is clear from the calculation in Para 8.16(c), culled out of all valid and official documents that 100% compensation was paid for Khasra No. 40/2 and the statement of the private respondent Fariyad Ali that the land was temporarily leased or partially acquired by paying some percentage of compensation is unsubstantiated and completely 5 inappropriate. Even after the end of the ropeway system, this land remains the vested property of the government. The private respondents bought and sold the acquired land despite knowing all the aspects and by presenting wrong and fictitious documents in the court. No document has been provided by the private respondent Fariyad Ali to support his interpretations as respondent No 3 and 4 have considered unsubstantiated views that only partial amount was paid for the land and have avoided paying any cognizance to the official documents like Award Letter, Muawza Patrak produced by the Petitioner proving that land was acquired after payment of 100% compensation amount. 3. He further submits that the private respondent has presented a letter dated 01/06/2016 by Chhattisgarh Revenue and Disaster Management Dept and considered by Respondent No 3 and 4 in their order. The letter is Specifically regarding fixing the compensation rates to be paid for setting up power transmission lines of 132 kV or higher capacity as per Revenue Department Circular dated 20.02.2015 and is nowhere associated to any type of acquisition of land, however has been considered by respondent No 3 & 4 in their judgment .Because, any such order will also set a precedence for other acquired lands by Govt. other public and private departments to be reclaimed and sold 6 fraudulently and will cause huge financial loss to the govt, other departments and will also encourage many unconstitutional frauds. 4. On the other hand, learned counsel for the Respondents opposes the relief sought by the learned counsel for the petitioner. They also submits that respondent no. 10 and 11 have unnecessarily made the party in the present petition, as they both have already expired. 5. I have heard learned counsel for the respective parties and perused the record with utmost circumspection. 6. Considering the facts and circumstances of the case and the submission made by the learned counsel for the parties, it is clear that the dispute is by and between the parties and it is of civil nature, therefore, it is not maintainable. Hence the present petition deserves to be and is hereby dismissed. However, he is at liberty to file an appropriate application before an appropriate forum. 7. Accordingly, the present petition stands dismissed. Certified copies as per rules. sd/- (Arvind Kumar Verma) Judge alfiza