NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 4820 of 2021  Leelamber Prasad Kashyap S/o Shri Shyamlal Kashyap Aged About 53 Years Resident Of LIG 10, Housing Board Colony, Boirdadar Road, Raigarh, District Raigarh Chhattisgarh.

---- Petitioner Versus

1. State Of Chhattisgarh Through The Secretary, Urban Administration And Development Department, Mantralaya, Atal Nagar, Nawa Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. The Collector District Raigarh Chhatitsgarh.

3. The Commissioner Municipal Corporation, Raigarh, District Raigarh Chhattisgarh.

4. The Nazul Officer Raigarh District Raigarh Chhatitsgarh.

5. The Revenue Inspector (Nazul) Sheet No. 58, Raigarh, District Raigarh Chhattisgarh.

6. Smt. Ratna Gupta W/o Rajendra Gupta Resident Of Shahid Chowk, Raigarh, Tahsil And District Raigarh Chhattisgarh.

---Respondents For Petitioner : Shri R.S. Patel.

For Respondents No.1, 2, 4 & 5/ State : Shri Praveen Das, Dy. A.G.

For Respondent No.3 : Shri Sudeep Agrawal, Advocate.

For Respondent No.6 : Shri Rajendra Tripathi, Advocate.

Hon'ble Shri Justice Rakesh Mohan Pandey

Order on Board

11.03.2024

1) The petitioner has filed this petition seeking the following reliefs:-

"10.1. That, this Hon'ble Court may kindly be pleased to call the records pertaining to the case from the respondent authorities.

10.2. That, this Hon'ble court may kindly be pleased to direct the respondent No.4 (Nazul Officer, Raigarh) to expedite the proceedings and take final decision in respect of application filed by the petitioner for grant of patta in respect of nazul land part of sheet no.58 plot no. 64/1 situated at Shahid Chowk, Raigarh (C.G.), within stipulated period, in accordance with law.

10.3. That, this Hon'ble Court may kindly be pleased to issue an appropriate writ, thereby directing the respondent authorities not to grant patta in favour of respondent no.6 in respect of street left beside the shop of petitioner and further be pleased to stop the illegal construction being carried out by the respondent no.6 over the part of nazul land bearing sheet no. 58 plot no.64/1.

10.4. That, this Hon'ble Court may kindly be pleased to set- aside/ quash the entire proceedings of Nazul Officer, Raigarh in respect of application of respondent no.6 for grant of patta in respect of nazul land part of sheet no.58 plot no.64/1 situated at Shahid Chowk, Raigarh C.G.

10.5. To kindly grant any other relief which may be deem fit in the given facts and circumstances of the instant case."

2) Learned counsel for the petitioner would submit that the petitioner moved an application for grant of lease in respect of land bearing Sheet No.58, Plot No.64/1 admeasuring 298 sq. ft. out of a total area of 69957 sq. ft. situated at Shahid Chowk, Raigarh on 06.02.2018 before the Nazul Officer, Raigarh/respondent No.4 but till date, no order has been passed by the said officer. He would further submit that an application was moved by respondent No. 6 for the grant of lease of the same land and an objection was raised by the petitioner on 06.10.2021 (Annexure-P/6) and the same has also not been decided by the authority.

3) On the other hand, learned counsel for the State would submit that an application moved by respondent No. 6 for grant of lease and objection raised by the petitioner are pending before the Nazul Officer and the same have not been finalized yet. He would fairly submit that an appropriate decision would be taken by the authority expeditiously.

4) Learned counsel for respondent No. 6 would submit that the lease has already been granted in favour of respondent No. 6 vide order dated 25.06.2020.

5) Learned counsel for respondent No. 3 would endorse the submissions made by learned counsel for the State.

6) Heard counsel appearing for the parties and perused the documents present on record.

7) Taking into consideration the limited grievance of the petitioner, the present petition, at this juncture, is disposed of directing respondent No.4/Nazul Officer, Raigarh to decide the pending