Basant Dwivedi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2069 of 2019 • Basant Dwivedi S/o Late Badri Prasad Dwivedi Aged About 43 Years R/o Janakpur, Tahsil Bharatpur, District Korea Chhattisgarh ---- Petitioner

Versus

1. State of Chhattisgarh Through The Secretary, Department of Revenue, Mahanandi Mantralaya, Naya Raipur Atal Nagar, Post Office And Police Station Naya Raipur Atal Nagar, District Raipur Chhattisgarh

2. Collector Korea Chhattisgarh

3. Sub Divisional Officer Bharatpur, District Korea Chhattisgarh

4. Tahsildar Bharatpur, District Korea Chhattisgarh

5. Gram Panchayat Janakpur Through Its Secretary, Gram Panchayat, Janakpur, Tahsil Bharatpur, District Korea Chhattisgarh ---- Respondents For Petitioner :

Shri Shaleen Singh Baghel, Advocate For Respondents/State :

Shri Rahul Jha, GA Hon'ble Shri Justice Goutam Bhaduri Order On Board 25/06/2019

1. Heard.

2. Learned counsel for the petitioner would submit that the petitioner is in possession of the part of the land bearing Khasra No.221 situated at village Janakpur, District Korea. It is stated that he is in possession of the said land after construction of the house since 1972. He would further submit that the petitioner has been orally asked by the respondent authorities to vacate the

same and he belongs to downtrodden class of society. He would further submit that the petitioner do not have any other source or any land in his possession so as to rehabilitate himself of his own. He would further submit that the petitioner has made a representation before the SDO, Bharatpur, District Korea, so as to grant him lease of land as likewise it has been granted to the other landless persons to rehabilitate them. He would refer to Annexure P-3 and would submit that the petitioner's application may be decided within a stipulated period of time and lease of land may be granted to him.

3. Considering the submission made by the learned counsel for the petitioner, without any observation on merits, as it has been stated that the representation/application has been preferred by the petitioner to grant lease, the State is directed to consider the same in an objective manner according to the existing policy of the State to rehabilitate the landless persons and downtrodden people and may decide the same accordingly within a period of eight weeks from the date of receipt of this order.

4. It made clear that this Court has not expressed any opinion on the merits of the case.

5. With the aforesaid observation the writ petition stands disposed of. Sd/- Goutam Bhaduri Judge Ashu