2026:CGHC:15223 RJAATGHVENDRADsRJA iA igg T nG iteH adl V by EyNDRA NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4583 of 2021

1 - Charanjeet Singh Chhabda S/o Santosh Singh Chhabda, Aged About 54 Years R/o Village Sankra, Tahsil Pithora, District Mahasamund Chhattisgarh.

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through Revenue Department, Mantralay, Mahanadi Bhawan, Atal Nagar, Naya Raipur Chhattisgarh.

2 - Collector Mahasamund District Mahasamund Chhattisgarh.

3 - Bhrat Petroleum Corporation Through Its Territory Manager (Retail), 4 And 6, Shahid Veer Narayan Singh Bhawan, Nagar Ghadi Chowk, Raipur District Raipur Chhattisgarh.

4 - Smt. Jaya Kosariya W/o Ranjeet Kosariya R/o Village Sankra, Tahsil Pithora, District Mahasamund Chhattisgarh.

... Respondent(s)

For Petitioner(s) : Mr. Arvind Dubey, Advocate on behalf of Mr. Vaibhav A. Goverdhan, Advocate.

Hon’ble Mr. Justice Amitendra Kishore Prasad

Order on Board

02/04/2026

1. By way of this petition, the petitioner has prayed for following reliefs:-

“10.1] That, the Hon'ble Court may kindly be pleased to allow the instant writ petition and the impugned order passed by the respondent no. 3 dated 30.09.2019 (Anne.

P-1) may kindly be set-aside, in the interest of justice.

10.2] That, the Hon'ble Court may kindly be pleased to direct the respondent no. 3 to cancel the allotment of petrol pump, i.e. situated between "km stone 160 and km 158 on LHS NH 53 while moving towards Saraipali" allotted in favor of the respondent no. 4, in the interest of justice.

10.3] That, the Hon'ble Court may kindly be pleased to direct the respondent no. 2, to take appropriate action against the respondent no. 4 and all the wrongdoers involved in illegal transfer of service land i.e. land bearing Kh. No. 57/2, situated as Village Lohrakot, Tahsil Pithora, District - Mahasamund (C.G.), in the interest of justice.

10.4] That, the Hon'ble Court may kindly be pleased to grant any other relief, which is deems fit and proper.”

2. Brief facts of the case, is that, on 14.12.2018, respondent No. 3 issued an advertisement for the allotment of a petrol pump between Km Stone 160 and Km 158 on the left-hand side of NH-53 while proceeding towards Saraipali, with the last date for submission of applications being 12.01.2019, pursuant thereto, respondent No. 4 applied under the said advertisement and, for the purpose of establishing the petrol pump, projected land bearing Khasra No. 57/2, situated at Village Lohrakot, PHN 39, Tahsil and District Mahasamund (C.G.), as his bhumiswami land, however, respondent No. 3, without proper verification of the application and without due inspection of the relevant documents, proceeded to allot the petrol pump in favour of respondent No. 4, thereafter, the petitioner raised specific objections before Respondent No. 3 along with a demand draft of Rs. 5,000/- seeking cancellation of the said allotment on the ground that the aforesaid land is service land (Kotwari land), which is the property of the State Government and is neither transferable nor saleable, rendering the allotment illegal. Respondent No. 3 called upon the petitioner to furnish supporting documents, in compliance whereof the petitioner submitted relevant revenue records evidencing that the land in question is service land. It is the specific case of the petitioner that Khasra No. 57/2 forms part of Khasra No. 57, which is admittedly service land and, therefore, could not have been sold or transferred either wholly or in part, yet in contravention of law a portion thereof has been sold and diverted, making the allotment of the petrol pump over such land per se illegal and liable to be cancelled, despite the aforesaid objections and supporting documents, respondent No. 3 failed to take any action, compelling the petitioner to submit a reminder