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NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.P.(C) No. 104 of 2022 Shrimati Rizwana Siddiqui, W/o Abdul Aziz Aged About 75 Years R/o House No.- HIG-09, Jainam Vihar Colony, Lalpur, Raipur, District- Raipur Chhattisgarh. ---- Petitioner Versus
1. State Of Chhattisgarh Through The Department Of Urban Administration And Development Mahanadi Bhawan, Atal Nagar, District Raipur, Chhattisgarh
2. Committee For Settlement Of Free Hold And Encroachment Raipur, District – Raipur, Chhattisgarh.
3. Collector Raipur, District-Raipur, Chhattisgarh.
4. Nazul Officer Raipur, District – Raipur, Chhattisgarh.
5. Tehsildar Raipur, District-Raipur, Chhattisgarh.
6. Prakash Kuldeep S/o Late Inder Kuldeep, R/o Makan No.-7/343, 7/348, Madarsa Road, Baijnath Para, Ward No- 41, Maulana Rauf Ward, Raipur, District- Raipur Chhattisgarh.
---- Respondents W.P.(C) No. 126 of 2022 Shrimati Rizwana Siddiqui W/o Abdul Aziz, Aged About 75 Years R/o House No. HIG-09, Jainam Vihar Colony, Lalpur, Raipur, District : Raipur, Chhattisgarh ---- Petitioner Versus
1. State Of Chhattisgarh Through The Secretary, Department Of Urban Administration And Development Mahanadi Bhawan, Atal Nagar, District :
Raipur, Chhattisgarh
2. Committee For Settlement Of Free Hold And Encroachment Raipur, District Raipur, Chhattisgarh
3. Collector, Raipur, District Raipur, Chhattisgarh
4. Nazul Officer, Raipur, District Raipur, Chhattisgarh
5. Tehsildar, Raipur, District Raipur, Chhattisgarh
6. Vidya Jagat, S/o Sunder Jagat, R/o Makan No. 7/343, 7/348, Madarsa Road, Baijnath Para, Ward No. 41, Maulana Rauf Ward, Raipur, District Raipur, Chhattisgarh W.P.(C) No. 127 of 2022 Shrimati Rizwana Siddiqui W/o Abdul Aziz Aged About 75 Years R/o House No. HIG-09, Jainam Vihar Colony, Lalpur, Raipur, District- Raipur (C.G.)
---- Petitioner Versus
1. State Of Chhattisgarh Through The Secretary Department Of Urban Administration And Development Mahanadi Bhawan, Atal Nagar, District Raipur (C.G.)
2. Committee For Settlement Of Free Hold And Encroachment, Raipur, District-
Raipur, C.G.
3. Collector Raipur, District- Raipur, C.G.
4. Nazul Officer, Raipur, District- Raipur, C.G.
5. Tehsildar Raipur, District- Raipur, C.G.
6. Rakesh Soni S/o Indra Soni, R/o Makan No. 7/343, 7/348, Madarsa Road, Baijnath Para, Ward No.- 41, Maulana Rauf Ward, Raipur, District- Raipur (C.G.)
---- Respondents W.P.(C) No. 128 of 2022 Shrimati Rizwana Siddiqui, W/o Abdul Aziz, Aged About 75 Years R/o House No. - HIG-09, Jainam Vihar Colony, Lalpur, Raipur, District - Raipur, Chhattisgarh ---- Petitioner Versus
1. State Of Chhattisgarh Through The Secretary Department Of Urban Administration And Development Mahanadi Bhawan, Atal Nagar, District Raipur, Chhattisgarh
2. Committee For Settlement Of Free Hold And Encroachment, Raipur, District - Raipur, Chhattisgarh
3. Collector - Raipur, District - Raipur, Chhattisgarh
4. Nazul Officer, Raipur, District - Raipur, Chhattisgarh
5. Tehsildar - Raipur, District - Raipur, Chhattisgarh
6. Pavitr Bagh, S/o Late Tapi Bagh, R/o Makan No. - 7/343, 7/348, Madarsa Road, Baijnath Para, Ward No.- 41, Maulana Rauf Ward, Raipur, District -
Raipur, Chhattisgarh W.P.(C) No. 232 of 2022 Shrimati Rizwana Siddiqui W/o Abdul Aziz Aged About 75 Years R/o House No. HIG - 09, Jainam Vihar Colony, Lalpur, Raipur, District Raipur Chhattisgarh. ---- Petitioner Versus
1. State Of Chhattisgarh Through The Secretary Department Of Urban Administration And Development, Mahanadi Bhawan, Atal Nagar, District Raipur Chhattisgarh.
2. Committee For Settlement Of Free Hold And Encroachment, Raipur, District Raipur, Chhattisgarh.
3. Collector Raipur District Raipur, Chhattisgarh.
4. Nazul Officer, Raipur, District Raipur, Chhattisgarh.
5. Tehsildar Raipur, District Raipur, Chhattisgarh.
6. Sonu Sona S/o Pande Sona R/o Makan No. -7/343, 7/348, Madarsa Road, Baijnath Para, Ward No. -41, Maulana Rauf Ward, Raipur, District Raipur Chhattisgarh.
---- Respondents W.P.(C) No. 238 of 2022 Shrimati Rizwana Siddiqui W/o Abdul Aziz Aged About 75 Years R/o House No.-HIG-09, Jainam Vihar Colony Lalpur, Raipur, District Raipur, Chahttisgarh. ---- Petitioner Versus
1. State Of Chhattisgarh Through The Secretary, Department Of Urban Administration And Development Mahanadi Bhawan, Atal Nagar, District Raipur Chahttisgarh.
2. Committee For Settlement Of Free Hold And Encroachment, Raipur, District Raipur Chhattisgarh.
3. Collector Raipur, District Raipur, Chhattisgarh.
4. Nazul Officer, Raipur, District Raipur, Chhattisgarh.
5. Tehsildar Raipur, District Raipur Chhattisgarh.
6. Bansi Jagat S/o Mahadev Jagat R/o Makan No. - 7/343, 7/348, Madarsa Road, Baijnath Para, Ward No.- 41, Maulana Rauf Ward, Raipur, District Raipur Chhattisgarh.
W.P.(C) No. 247 of 2022 Shrimati Rizwana Siddhiqui W/o Abdul Aziz Aged About 75 Years R/o House No. HIG-09, Jainam Vihar Colony, Lalpur, Raipur, District Raipur Chhattisgarh ---- Petitioner Versus
1. State Of Chhattisgarh Through The Secretary, Department Of Urban Administration And Development, Mahanadi Bhawan, Atal Nagar, District Raipur Chhattisgarh
2. Committee For Settlement Of Free Hold And Encroachment Raipur, District Raipur Chhattisgarh
3. Collector Raipur, District Raipur Chhattisgarh
4. Nazul Officer Raipur, District Raipur Chhattisgarh
5. Tehsildar Raipur, District Raipur Chhattisgarh.
6. Baliram Mahanand S/o Karan Mahanand R/o Makan No. 7/343, 7/348, Madarsa Road, Baijnath Para, Ward No. 41, Maulana Rauf Ward , Raipur, District Raipur Chhattisgarh ---- Respondents W.P.(C) No. 254 of 2022 Shrimati Rizwan Siddiqui W/o Abdul Aziz Aged About 75 Years R/o House No. HIG - 09, Jainam Vihar Colony, Lalpur, Raipur, Disrict Raipur Chhattisgarh ---- Petitioner Versus
1. State Of Chhattisgarh Through The Secretary Department Of Urban Administration And Development Mahanadi Bhawan, Atal Nagar, District Raipur Chhattisgarh
2. Committee For Settlement Of Free Hold And Encroachment Raipur, District Raipur, Chhattisgarh
3. Collector Raipur, District Raipur Chhattisgarh
4. Nazul Officer Raipur , District Raipur Chhattisgarh
5. Tehsildar Raipur, District Raipur Chhattisgarh
6. Raju Tandhi S/o Partho Tandhi R/o Makan No. 7/343, 7/348, Madarsa Road, Baijnath Para, Ward No. 41, Maulana Rauf Ward, Raipur, District Raipur Chhattisgarh.
W.P.(C) No. 319 of 2022 Shrimati Rizwana Siddiqui W/o Abdul Aziz Aged About 75 Years R/o House No. HIG - 09, Jainam Vihar Colony Lalpur, Raipur, District Raipur Chhattisgarh ---- Petitioner Versus
1. State Of Chhattisgarh Through The Secretary Department Of Urban Administration And Development Mahanadi Bhawan, Atal Nagar, District Raipur Chhattisgarh
2. Committee For Settlement Of Free Hold And Encroachment Raipur District Raipur Chhattisgarh
3. Collector Raipur District Raipur Chhattisgarh
4. Nazul Officer Raipur, District Raipur, Chhattisgarh
5. Tehsildar Raipur, District Raipur Chhattisgarh
6. Gunga Jagat D/o Munshi Ram Jagat R/o Makan No. 7/343, 7/348, Madarsa Road, Baijnath Para, Ward No. 41, Maulana Rauf Ward, Raipur District Raipur Chhattisgarh.
---- Respondents And W.P.(C) No. 334 of 2022 Shrimati Rizwana Siddiqui W/o Abdul Aziz Aged About 75 Years R/o House No. HIG - 09, Jainam Vihar Colony, Lalpur, Raipur, District Raipur Chhattisgarh. ---- Petitioner Versus
1. State Of Chhattisgarh Through The Secretary, Department Of Urban Administration And Development Mahanadi Bhawan, Atal Nagar, District Raipur Chhattisgarh
2. Committee For Settlement Of Free Hold And Encroachment, Raipur, District Raipur Chhattisgarh
3. Collector Raipur, District Raipur Chhattisgarh
4. Nazul Officer Raipur, District Raipur Chhattisgarh
5. Tehsildar Raipur, District Raipur, Chhattisgarh
6. Basant Kumar Bagh S/o Kalin Bagh R/o Makan No. 7/343, 7/348, Madarsa Road, Baijnath Para, Ward No. 41, Maulana Raut Ward, Raipur, District Raipur Chhattisgarh.
(Cause-title taken from Case Information System)
For Petitioner : Mr. Shobhit Koshta, Advocate For Respondents No. 1 to 5 State : Mr. Shashank Thakur, Deputy Advocate General For respective Respondents No. 6 : Mr. Anand Shukla and Mr. Mateen in all petitions Siddiqui, Advocates Hon’ble Shri Justice Rakesh Mohan Pandey
Order on Board
12.03.2024
1. The petitioner has filed these petitions against the orders passed by the Committee/respondent No. 2 dated 23.11.2021, whereby orders of regularization of encroachment have been passed in favour of private respondents of all petitions for land bearing survey No.675 admeasuring 163 sq.ft. each where huts/houses were constructed and are still in existence.
2. The facts of the present case are that the petitioner is the owner of land having survey No. 675/1 total area admeasuring 2629 sq. ft. situated at Baijnathpara, Ward No. 41, Tehsil and District Raipur. The Municipal Numbers of the plots are 7/343 NS 7/348. The aforestated plot was purchased by the petitioner through a registered sale deed dated 01.03.1982 from the legal heirs of Mustafa Khan. There were 12 huts/houses and they were given on rent to private respondents in the year 1965. Admittedly, respondent No. 6 of all petitions were tenants of the petitioner. Mustafa Khan was paying municipal tax regularly. He died on 19.04.1963. A legal notice was issued to the tenants/private respondents for payment of rent on 20.07.2017 and thereafter applications for eviction were filed by the petitioner on 27.12.2017. Earlier, Civil Suit No. 193-A/2002 was filed by the petitioner against one of the tenants namely, Banshi Jagat for eviction from rented accommodation and the same was decreed vide judgment and decree dated 25.02.2004. Thereafter, applications were moved by the petitioner for eviction before the Rent Control Authority on 27.12.2017 against the remaining tenants including Banshi Jagat and the matter is still pending before the authority. On 19.03.2018, private respondents moved applications before the Nazul Officer for the grant of the lease. The petitioner raised an objection before the Nazul Officer on the ground that the land in question belongs to the petitioner as it was purchased through a registered sale deed. Thereafter, the petitioner filed a civil suit for declaration of title and permanent injunction along with an application under Order 39 Rules 1 and 2 of CPC against private respondents. The reply was filed to the interim application and vide order dated 06.03.2021, the application moved by the petitioner for temporary injunction was allowed and the defendant(s) of that case were restrained from alienating the property or creating third party interest. The matter for grant of lease which was pending before the Nazul Officer, Raipur was referred to a Committee of Five Members under the freehold scheme. Private respondents also claimed regularization of encroachment over government land along with the lease. The petitioner raised an objection in those proceedings and produced a copy of the order of temporary injunction granted in her favour dated 06.03.2021. The Committee/respondent No. 2 vide order dated 23.11.2021 allowed the applications moved by private respondents and passed an order for the grant of Bhumiswami rights on payment of stamp duty as per Policy dated 11.09.2019. The petitioner has challenged the orders passed by the Committee/respondent No. 2 in these petitions.
3. Mr. Shobhit Koshta, learned counsel appearing for the petitioner would submit that the petitioner is the owner of survey No. 675/1 as the same was purchased through a registered sale deed dated 01.03.1982. He would further submit that private respondents were tenants of the petitioner and earlier an eviction suit was filed against one Banshi Jagat and the same was decreed vide judgment and decree dated 25.02.2004. He would also submit that findings were recorded by the learned Civil Court that the petitioner is the owner of the property and she has the right over the property. He would argue that thereafter the petitioner preferred an application before the Rent Control Authority for eviction against all the tenants/private respondents and the same is pending. He would further argue that private respondents were well aware of the status of the petitioner e
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