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HIGH COURT OF CHHATTISGARH AT BILASPUR

WPC No. 2482 of 2021

1. Mohan Gupta S/o Late Shri Sarju Sao Aged About 65 Years R/o Ward No.

4, Tahsil Ramanujganj, District Balrampur Ramanujganj Chhattisgarh.

2. Dhirendra Kumar Gupta S/o Late Shri Sarju Sao Aged About 41 Years R/o

Ward No. 4, Tahsil Ramanujganj, District Balrampur Ramanujganj

Chhattisgarh.

---- Petitioners

Versus

1. The State Of Chhattisgarh Through The Secretary, Department Of Nazul /

Revenue, Mahanadi Bhawan, Naya Raipur.

2. The Collector Of The District Balrampur Ramanujganj Chhattisgarh.

3. The Nazul Officer Ramanujganj District Ramanujganj Chhattisgarh.

4. The C.E.O. Jila Panchayat Balrampur Ramanujganj Chhattisgarh.

5. The Tahsildar Ramanujganj, District Ramanujganj Chhattisgarh.

6. Rupa Gupta Constructions Through The Proprietor Jwala Prasad Gupta R/o

Ward No. 4, Tahsil Ramanujganj , District Balrampur Ramanujganj

Chhattisgarh.

---- Respondents

For Petitioner

:

Mr. Ashok Kumar Shukla, Advocate

For State

:

Mr. Gagan Tiwari, Dy. G.A.

Hon'ble Shri Justice Goutam Bhaduri

Order on Board

24.06.2021

1. Heard

2. Learned counsel for the petitioner submits that the petitioners, through their

predecessor in title, were in occupation of certain Nazul land bearing Plot

No. 70/1343/1 and the Kachcha Residential House was also constructed by

them. He submits that on 18.09.2006, an ejectment order was passed

against the petitioners, however the same has not been complied. All of a

sudden, on 31.05.2021, the respondent authorities came there and

demolished the said superstructure made by the petitioners. He submits

that the petitioner Mohan Gupta has already filed an application before the

Nazul Officer Ramanujganj on 04.01.2021 by Annexure P/9. It is submitted

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that according to the policy of the State Government, the petitioner was also

required to be considered in case he satisfy the requirements, however

without considering that, execution has been made. He further submits that

therefore the respondent- Nazul Officer Ramanujganj may be directed to

decide the application of the petitioner for allotment of the Nazul plot No.

70/1343/1 admeasuring 0.5 decimal according to the policy of the State

Government.

3. Learned State counsel do not dispute the fact that the application filed by

the petitioner would be decided on its own merit.

4. Considering the fact that the application has already been filed by the

petitioner before the Respondent No. 3- Nazul Officer Ramanujganj by

Annexure P/9, the Respondent No. 3- Nazul Officer Ramanujganj is

directed to decided the application of the petitioner for allotment of the said

Nazul land in terms of the policy of the State Government on its own merits

within a period of four months from the date of receipt of copy of this order.

5. With the aforesaid observation/ direction, the writ petition stands disposed

off.

Sd/-

(Goutam Bhaduri)

Judge

Vishakha