High Court Of ChhattisgarhWPC/3289/2020disposed off

Ashok Bishwas v. State Of Chhattisgarh

2021-01-08Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3289 of 2020 • Ashok Bishwas S/o Kumud Bishwas Aged About 65 Years R/o Bhagwanpur, Subhashnagar, Police Station Gandhinagar, Tahsil Ambikapur, District Surguja Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Revenue And Disaster Management Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh

2. Commissioner Surguja Division District Surguja Chhattisgarh

3. Collector Ambikapur, District Surguja Chhattisgarh

4. Sub Divisional Officer Ambikapur, District Surguja Chhattisgarh

5. Tahsildar Tahsil Ambikapur, District Surguja Chhattisgarh ---- Respondents For Petitioner :

Shri C J K Rao, Advocate For Respondents/ State :

Shri Gagan Tiwari, G.A.

Hon'ble Shri Justice Goutam Bhaduri Order On Board 08.01.2021 Heard

1. Learned counsel for the petitioner submits that the petitioner is in possession of land bearing Khasra No. 75 admeasuring 0.790 hectare within the municipal area of Ambikapur and he is residing their for the last 55 years. He further submits that according to the policy of the State issued on 11.09.2019 & 26.10.2019, the regularization are allowed in respect of the occupied government lands/ plot by imposing levy of certain price/charges. He further submits that the petitioner has made an application to the Tahsildar, Ambikapur (Annexure P-5) which is required to be decided by the

Collector being the final authority. He further prays that the Collector and the Tahsildar may be directed to decide the application of the petitioner in accordance with law and the policy of the State.

2. Perused the documents and heard learned counsel for the petitioner.

3. Considering the prayer made, without any observation on the entitlement of the petitioner, it is directed that the Collector (Respondent No.3) and the Tahsildar (Respondent No. 5) shall decide the entitlement of the petitioner for regularization of the possession of the said land in accordance with the policy of the State, subject to the entitlement of the petitioner, within a further period of 4 months from the date of receipt of a copy of this order.

4. With the aforesaid observation, the petition is disposed of. Sd/- (Goutam Bhaduri) Judge Jyoti