2025:CGHC:60269 NAFR ALFIZA BAIG HIGH COURT OF CHHATTISGARH AT BILASPUR Digitally signed by ALFIZA BAIG Date: 2025.12.17 10:35:54 +0530 WPC No. 6138 of 2025

1 - Jaideep Singh Bhadauriya S/o Late Dheeraj Singh Bhadauriya Aged About 45 Years R/o Village Tongpal Tehsil- Tongpal, District Sukma C.G.

2 - Smt. Simmi Bhadauriya W/o Hardip Bhadauriya Aged About 42 Years R/o Village Tongpal Tehsil- Chindgarh, P.S. Tongpal, District Sukma C.G.

(Surname Wrongly Mentioned As Bhadoriya In The Impugned Order)

... Petitioners versus

1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue And Disaster Management, Mahanadi Bhawan, Mantralaya Sector 19, Atal Nagar Nawa Raipur District Raipur C.G.

2 - Collector (Food) Sukma And Licensing Authority, Sukma, District Sukma C.G.

3 - Additional Collector- Sukma Composite District Office Building, Kumharras, Sukma, District Sukma C.G.

4 - Sub-Divisional Officer, Sukma, District Sukma C.G.

5 - Commissioner, Bastar Division Bastar District Bastar C.G.

6 - Hindustan Petroleum Corporation Limited, Through Its Deputy General Manager, H P C L, 4th Floor L I C Investment Building, Phase-2, Opposite E P F Office, Pandri, Raipur C.G.

7 - Shailendra Singh Bhadoriya S/o Nathu Singh Aged About 55 Years R/o Village Tongpal, Tahsil Tongpal, District Sukma C.G.

8 - Tahsildar, Tongpal, District Sukma C.G.

... Respondents Hon'ble Shri Parth Prateem Sahu, Judge

ORDER ON BOARD

11.12.2025

1. Petitioner has filed this writ petition seeking following reliefs:-

“10.1 That this Hon’ble Court may kindly be pleased to issue appropriate writ in the nature of Certiorari and set- aside the order dated 18.09.2025 (Annexure P-1) passed by the Respondent Hindustan Petroleum Corporation Limited refusing to enquire the complaint of the petitioner.

10.2 That this Hon’ble Court may kindly be pleased to issue appropriate writ in the nature of Certiorari and kindly quash the NOC dated 24.09.2025 (Annexure P/2)

issued by the Collector (Food) Sukma.

10.3 That this Hon’ble Court may kindly be pleased to issue appropriate writ in the nature of mandamus and direct the respondent no. 8 to comply with the order dated 22.09.2025 and duly enquire and conclude the enquiry by passing a reasoned order with regard to the wrongful allotment of abadi land to the respondent no. 7 within a prescribed time period.

10.4 To kindly make any other order that may be deemed fit and just in the facts and circumstances of the case including awarding of the costs to the petitioner.”

2. Facts relevant for disposal of this writ petition are that respondent no. 6 has issued an advertisement for appointment of dealer of retail outlet of petrol pump for location “ within four kilometers from Maa Durga Temple, Tongpal, on both the sides towards Jagdalpur or towards Sukma, on NH-30” along with other locations. Respondent no. 7 has submitted an application along with petitioner no. 2. He offered the land along with application submitted . According to procedure as provided under the brochure for appointment of dealers, selection of dealers is to be made by draw of lots. Respondent no. 7 was selected on his being identified in draw of lots and accordingly his candidature was further processed. After selection of respondent no. 7 petitioner no. 1 raised grievance before the grievance cell on 07.10.2020 and according to submission of counsel for respondent no. 6, grievance raised by petitioner no. 1 was rejected for want of not enclosing requisite fees of Rs. 5,000/-. The petitioner no. 1 thereafter, has not made any application raising grievance but have filed a writ petition bearing WPC No. 3159 of 2022 raising an objection that the land which is offered by respondent no. 7 is recorded as abadi land in revenue records, therefore, it cannot be used for commercial purpose. The writ petition was disposed of considering that application under Section 172 of the Chhattisgarh Land Revenue Code, 1959 for diversion of the said land is pending consideration before respondent no. 3, accor