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2025 Supreme(Online)(CHH) 3664
HIGH COURT OF CHHATTISGARH
Shri Amitendra Kishore Prasad, J
PREMU LAL VERMA – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
WPC/1839/2025
Mr. Govind Prasad Dewangan, Advocate For Respondents-State:Mr. Praveen Das, Deputy Advocate General
The court emphasized the necessity for authorities to consider long-standing possession and local governance resolutions before issuing eviction notices on government land.
Headnote:(A) Government Land Allotment - Legal principles regarding possession and allotment of land - Petitioners residing on Government land for 40-50 years, seeking patta for construction - Impugned notice issued for removal of possession deemed illegal without considering Gram Panchayat resolution - Petitioners directed to apply for patta within 15 days. (Paras 3, 4, 7, 8)
(B) Writ Jurisdiction - Court's role in ensuring fair process in land allotment - Authorities must consider applications for patta/lease in accordance with law. (Paras 7, 10)
Facts of the case:
Petitioners have been in peaceful possession of Government land for decades, with a resolution from the Gram Panchayat supporting their claim for patta. An impugned notice was issued for removal of their possession without due consideration.
Findings of Court:
Petitioners must file an application for patta/lease within 15 days; authorities must act on this application within 60 days, ensuring no removal until then.
Issues: Whether the petitioners are entitled to construct on Government land and the legality of the impugned notice.
Ratio Decidendi: The court emphasized the need for authorities to consider the Gram Panchayat's resolution and the petitioners' long-standing possession before taking action against them.
Result: Writ petition disposed of with directions.
Order on Board
16.04.2025
1 Heard Mr. Govind Prasad Dewangan, learned counsel for the petitioners and Mr. Praveen Das, learned Deputy Advocate General, appearing for the State/respondents No.1 to 5.
2 The petitioners have filed this petition with the following relief(s):-
“(i) That, the Hon'ble Court may kindly be pleased to quash/set-aside the impugned notices dated 22.03.2025 (Annexure P-1) issued by the respondent no. 5, in the interest of justice.
(ii) That, the Hon'ble Court may kindly be pleased to direct the respondent authorities to issue patta to beneficiaries/petitioners according to proposal/government scheme at the earliest, in the interest of justice.
(iii) Any other relief, which the Hon'ble Court may deem fit and proper in the facts and circumstances of the case may also be granted in favour of the petitioners.”
3 The grievance of the petitioners is that the total 23 familiars including petitioners have peacefully in possession and are residing over the Government land bearing Khasra No.708, situated at village Barbaspur, Patwari Halka No.14, Revenue Circle Uparwah, Tahsil Ghumka, District Rajnandgaon (C.G.) since 40-50 years without any complaint. The proposal has been done for allotment lease to the said 35 familiars including petitioners by meeting of Gram Panchayat Barbaspur dated 28.06.2023 upon possession land and subsequently, respondent No. 4 issued memo to respondent No. 5 for grant of patta and construction of the house upon the said Government land vide its memo dated 14.07.2023. Moreover, in reference to letter dated 24.06.2024, respondent No. 4 wrote a letter to the concerned Patwari Halka No.14 for inspection and submission of report regarding allotment of patta vide its memo dated 09.09.2024. The Sarpanch of the Gram Panchayat Ghumka, District Rajnandgaon (C.G.) has already submitted the list of beneficiaries/petitioners, layout, map before respondent No. 2 for granting patta and construction of the house vide letter dated 06.06.2024 and proceeding of patta has been completed for residential purpose. As per Government Scheme, the petitioners are constructing the house upon their peaceful possession land, and thereafter, suddenly respondent No. 4 intentionally has issued impugned notice dated 22.03.2025 to the petitioners to remove their possession within 7 days.
4 Learned counsel for the petitioners submits that the impugned notice dated 22.03.2025 issued by respondent No. 5 is completely illegal, erroneous and contrary to the law. He further submits that the Gram Panchayat has already passed a resolution in favour of the petitioners, however, without considering the same, impunged notice has been passed. It has been contended that the petitioners are landers of the said land and their entire family is residing in the said house since last 30-35 years.
5 On the other hand, learned State counsel opposes the submissions made by the learned counsel for the petitioners and submits that the petitioners are not at all entitled to construct the house upon the Government land and only proposal for grant of patta/lease has been passed and no final allotment has been done.
6 I have heard learned counsel appearing for the parties and perused the documents annexed with the writ petition.
7 Considering the overall facts and circumstances of the case as well as considering the submissions advanced by learned counsel for the parties, the petitioners are directed to file appropriate application for grant of patta/lease in the land in question within a period of 15 days from today and if the petitioners are found that they are the landers of the land in question, the authorities shall pass appropriate order and if the petitioner are found that they are landless persons, the authorities are directed to consider their application for grant of lease/patta in accordance with law within a period of 60 days.
8 Till the decision on the application preferred by the petitioners for grant of lease/patta, the concerned Collector, Sub Di
