IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
VIJAY PATEL – Appellant
Versus
THE STATE OF CHHATTISGARH – Respondent
WPC/4383/2021
RJAATGHVENDRADsRJA iA igg T nG iteH adl V by EyNDRA 2026:CGHC:15347 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4383 of 2021
1 - Vijay Patel S/o Lt. Vasudeo Aged About 55 Years R/o Village Basdei, Police Station Surajpur, District Surajpur, Chhattisgarh, District :
Surajpur, Chhattisgarh.
... Petitioner(s)
versus
1 - The State Of Chhattisgarh Through Secretary, The Revenue Department, Mahanadi Bhawan, Mantralaya Atal Nagar, New Raipur, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh.
2 - The Collector Surajpur, District Surajpur, Chhattisgarh, District :
Surajpur, Chhattisgarh.
3 - The Sub Divisional Officer, Surajpur, District Surajpur, Chhattisgarh, District : Surajpur, Chhattisgarh.
4 - The Tehsildar, Tehsil Surajpur, District Surajpur, Chhattisgarh, District : Surajpur, Chhattisgarh.
5 - The Sarpanch, Gram Panchayat Basdei, Tehsil Surajpur, District Surajpur, Chhattisgarh, District : Surajpur, Chhattisgarh.
... Respondent(s)
For Petitioner(s)
: Mr. Sushil Dubey, Advocate.
For Respondent(s)/State
: Mr. Ujjawal Choubey, Panel Lawyer.
For Respondent No. 5
: Mr. Ajeet Kumar Yadav, 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 It is therefore prayed that, this Hon'ble Court may kindly be pleased to call for the entire records of the instant case.
10.2 That, this Hon'ble Court may kindly be pleased to issue a writ in nature of mandamus whereby to set aside/quash the impugned notice dated 31.05.2021 issued by the Respondent No. 5 Sarpanch Gram Panchayat Basdei (Annexure P/1).
10.3 That, this Hon'ble Court may kindly be pleased to issue a writ in nature of mandamus whereby to direct the Respondent No. 3 the Collector Surajpur to grant the patta to the petitioner, of the land bearing khasra No. 2376 which is registered as a government land in revenue record and situated in village Basdei, Janpad Panchayat Surajpur upon which the house of the petitioner is situated.
10.4 Any other relief/reliefs, which this Hon'ble Court may think fit and proper in the facts and circumstances of the case, with cost of the petition, may also please be granted to the petitioners.”
2. Brief facts of the case, is that, the petitioner is a landless villager of Village Basdei, having no agricultural land of his own, and is presently residing with his family in a kachcha house constructed over land bearing Khasra No. 2376, admeasuring 6.69 hectares, which is recorded as government land in the revenue records and situated in Village Basdei, Janpad Panchayat Surajpur, and the petitioner has been in continuous possession and residence over the said land for the past 15 years that owing to political enmity within Gram Panchayat Basdei, the concerned respondent issued an impugned notice dated 31.05.2021 directing the petitioner to remove his possession from the aforesaid land by 03.06.2021, failing which he would be forcibly evicted, that the Ex-Sarpanch of Gram Panchayat Basdei has issued a certificate affirming that the petitioner is a resident of Village Basdei, has no other land, and has been residing on the said government land along with his family for the last 15 years by constructing a kachcha house. The petitioner has also submitted his electricity bill as proof of residence, that the petitioner has made several representations to the concerned authorities seeking grant of patta over the said land, and upon receipt of the impugned notice, he submitted a representation dated 10.10.2021 to the respondent Tehsildar requesting that he should not be dispossessed from his dwelling house. The petitioner has further submitted a representation before the respondent Collector praying that he may not be evicted and that his case be considered for grant of patta in light of the prevailing government policy for regularization of possession of landless persons who have constructed houses on government land, as he has been residing o
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