Resham Lal Koshaley v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1715 of 2021 Resham Lal Koshaley, S/o. Asharam Koshaley, Aged About 71 Years, Resident Of Village Hirri, Post Godam, Tahsil Sarangarh, District Raigarh, Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh, Through The Secretary, Department Of Revenue, Mahanadi Bhawan, New Mantralaya, Naya Raipur, Chhattisgarh.

2. Collector Raigarh, District Raigarh, Chhattisgarh.

3. Sub Divisional Officer (Revenue) Sarangarh, District Raigarh Chhattisgarh.

4. Tahsildar, Tahsil Sarangarh, District Raigarh Chhattisgarh.

5. Chief Executive Officer, Janpad Panchayat Sarangarh, District Raigarh Chhattisgarh.

6. Ghanaram Jolhe, S/o. Suder Jolhe, Aged About 60 Years, Sarpanch, Gram Panchayat Hirri, Tahsil Sarangarh, District Raigarh Chhattisgarh. ---- Respondents For Petitioner :

Mr. U.R.Koshaley, Advocate For State :

Ms. Sunita Jain, Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 24.03.2021 Heard

1. Learned counsel for the petitioner would submit that the petitioner was in occupation of the part of land bearing Khasra No.638/1 admeasuring 0.595 hectare at village Hirri, Post Godam, Tahsildar Sarangarh, District Raigarh. It is stated that the petitioner through their predecessor entitlement were cultivating the said land for last 80 years for their livelihood and petitioner has also applied for grant of such land in his favour. However, the Sarpanch of the village leaving all the vacant land, which may be made available for Gowthan has started construction over the said land alone by dispossessing the petitioner. Thereby, the petitioner may lose their right of livelihood.

2. Perused the document Annexure P-1. It appears that the petitioner

though in occupation of the land, he filed an application for grant of such part of land bearing Khasra No.638/1 admeasuring 0.595 hectare. Considering the submission of the petitioner that the petitioner is dependent for his livelihood on the said land for cultivation, the respondent authorities may examine the application of the petitioner for grant of lease and after due deliberation further construction of Gowthan may be carried out.

3. With the aforesaid observation, the petition stands disposed off. Sd/- (Goutam Bhaduri) Aks Judge