Thakur Bhupendra Pratap Singh vs State Of Chhattisgarh
2022 Latest Caselaw 1577 Chatt

                                   1

                                                                       NAFR
           HIGH COURT OF CHHATTISGARH, BILASPUR
                         WPPIL No. 5 of 2022
1.   District Advocate Bar Association Baloda Bazar (Chhattisgarh)
     Through President Sharik Khan S/o D.M. Khan, Aged About 47
     Years, R/o House No. 1 Ward No. 1 Sonpuri Road Baloda Bazar
     Tahsil And District Baloda Bazar Bhatapara Chhattisgarh
2.   Kamal Dixit S/o Shri R.B. Dixit, Aged About 55 Years Writer And
     Social Activist, R/o Near Nehru Chowk Baloda Bazar Tahsil And
     District Baloda Bazar Bhatapara Chhattisgarh
3.   Ramadhar Patel S/o Fuduram Patel, Aged About 48 Years Bureau
     Chief Deshbandhu And President Press Club Baloda Bazar R/o In
     Front Of Bus Stand Baloda Bazar District Baloda Bazar Bhatapara
     Chhattisgarh
                                                              ---- Petitioners
                                Versus
1.   State of Chhattisgarh Through Secretary, Revenue And Disaster
     Management Department, Mahanadi Bhawan, Atal Nagar, Nawa
     Raipur District Raipur Chhattisgarh
2.   The Collector, Baloda Bazar District Baloda Bazar Bhatapara
     Chhattisgarh
                                                         ---- Respondents

WPPIL No. 10 of 2022

1. Swapnil Swarnakar S/o Shri Vinay Swarnakar Aged About 43 Years R/o Sonarpara, Ward No. 02, At Post Saria, District Raigarh Chhattisgarh.

2. Hemsagar Naik S/o Shri Gajanand Naik Aged About 44 Years R/o Ward No. 03, Basti, Baramkela, District Raigarh Chhattisgarh.

---- Petitioners Versus

1. State of Chhattisgarh Through The Secretary, Revenue And Disaster Management, Department, Mantralaya, Mahanadi Bhawan, Nava Raipur Atal Nagar, District Raipur, Chhattisgarh.

2. Secretary Finance Department, Mantralaya, Mahanadi Bhawan Nava Raipur, Atal Nagar, District Raipur, Chhattisgarh.

3. The Collector Raigarh, District Raigarh Chhattisgarh.

4. The Collector Balodabzaar Bhatapara District Balodabazar Bhatapara, Chhattisgarh.

5. The Tehsildar Baramkela, District Raigarh Chhattisgarh.

---- Respondents

WPPIL No. 45 of 2022

1. Mewalal Singh Neti S/o Vir Sai Singh Aged About 76 Years R/o Gotiyanpara Patma Village Patma, Post Chirmi, Khadgawan, District Korea, Chhattisgarh

2. Balmik Prasad S/o Vijendra Singh Aged About 48 Years R/o Ward No. 13, Sadakpara, Village Pondi, Khadgawan, District Korea, Chhattisgarh

3. Pratap Singh S/o Jagmohan Aged About 46 Years R/o Ward No. 12, Gobipara, Khadgawan, District Korea, Chhattisgarh

4. Shailesh Shivhare S/o Shri Chandrika Prasad Shivhare Aged About 54 Years R/o Ward No. 14, Mahalpara Road, Dabaripara, Baikunthpur District Korea, Chhattisgarh

5. Anil Sharma S/o Sambodhik Vishwanath Sharma Aged About 71 Years R/o Ward No. 9, Mahalpara, Maharana Pratap Ward, Baikunthpur, District Korea, Chhattisgarh

6. Vijay Singh Thakur S/o Manglu Ram Thakur Aged About 43 Years R/o Ward No. 6, Schoolpara, Baikunthpur, District Korea, Chhattisgarh

7. Basant Kumar Rai S/o Shri Bhaiyalal Rai, Aged About 55 Years R/o House No. 107, Ward No. 9, Cooperative Line, Churcha Colliery, District Korea, Chhattisgarh

---- Petitioners Versus

1. State of Chhattisgarh Through Its Chief Secretary, Government of Chhattisgarh, Mahanadi Bhawan, Mantralaya, Atal Nagar (Naya Raipur) Raipur, District Raipur, Chhattisgarh

2. Secretary, Department of Revenue And Disaster Management, Mahanadi Bhawan, Mantralaya, Atal Nagar (Naya Raipur), Raipur, District Raipur, Chhattisgarh

3. Secretary, Department of Finance, Mahanadi Bhawan, Mantralaya, Atal Nagar (Naya Raipur), Raipur, District Raipur, Chhattisgarh

4. Secretary, Department of General Administration, Mahanadi Bhawan, Mantralaya, Atal Nagar (Naya Raipur), Raipur, District Raipur, Chhattisgarh

5. Director, Treasury, Account And Pension, Block A, First Floor, Indrawati Bhawan, Atal Nagar (Naya Raipur), District Raipur, Chhattisgarh

6. Collector, Korea Baikunthpur, District Korea, Chhattisgarh

---- Respondents

WPC No. 554 of 2022 Bhootnath Patel S/o Shri Babulal Patel Aged About 42 Years R/o Village And Post Bendhra, Ps And Tahisl Baramkela, District Raigarh Chhattisgarh.

---- Petitioner Versus

1. State of Chhattisgarh Through The Secretary, Department of Revenue And Disaster Management, Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur Chhattisgarh.

2. Decretary, Department of Finance, Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur Chhattisgarh.

3. Collector, Raigarh Chhattisgarh.

4. Tahsildar Baramkela, District Raigarh Chhattisgarh.

5. Tahsildar Baramkela, District Raigarh Chhattisgarh.

---- Respondents WPPIL No. 11 of 2022 Jagannath Panigrahi S/o Shri Hridyanand Panigrahi, Aged About 58 Years R/o Village- Bhikhampura, Post - Bonda, Police Station- Sariya, Tahsil - Baramkela, District Raigarh (C.G.)

---- Petitioner Versus

1. The State of Chhattisgarh Through The Secretary, Department of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur (C.G.)

2. The Commissioner, Bilaspur Division, Bilaspur (C.G.)

3. The Commissioner, Raipur Division, Raipur (C.G.)

4. The Collector, District - Raigarh (C.G.)

5. The Collector, District Balaudabazar Bhatapara (C.G.)

---- Respondents WPPIL No. 7 of 2022

1. Thakur Bhupendra Pratap Singh S/o Bhanupratap Singh Aged About 72 Years Presently District Convenor or Vikas Munch District Court, Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh.

2. D.R. Sahu S/o Ramlal Sahu Aged About 60 Years Agriculturist , R/o Village Mandhaibhata, Tahsil Bilaigarh, District Baloda Bazar Bhatapara Chhattisgarh.

3. Daftar Singh Gond S/o Vaisakhu Ram Gond Aged About 70 Years R/o Govindvan, Tahsil Bliaigarh, District Baloda Bazar Bhatapara Chhattisgarh.

4. Thakur Raman Singh S/o Bhanupratap Singh Aged About 70 Years Bilaigarh, Tahsil Bilaigarh, District Baloda Bazar Bhatapara Chhattisgarh.

---- Petitioners Versus

1. State of Chhattisgarh Through The Secretary, Revenue, Department of Disaster Management, Mahanadi Bhavan, Mantralaya, Atal Nagar , Nava Raipur, District Raipur Chhattisgarh.

2. Collector Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh.

---- Respondents (Cause-title taken from Case Information System)

For Petitioners in WPPIL No.5/2022 : Mr. Varun Sharma, Advocate For Petitioners in WPPIL No.10/2022 : Mr. Harshmander Rastogi, Advocate For Petitioners in WPPIL No.45/2022 : Mr. Mahendra Dubey, Advocate For Petitioner in WPC No.554/2022 : Mr. Varun Sharma, Advocate For Petitioner in WPPIL No.11/2022 : Mr. Roop Ram Naik, Advocate For Petitioners in WPPIL No.7/2022 : Mr. Tarendra Kumar Jha, Advocate For State/Respondents : Mr. S.C. Verma, Advocate General along with Mrs. Meena Shastri, Additional Advocate General For Intervenor in WPPIL No.10/2022 : Mr. Bhupendra Pandey, Advocate

Hon'ble Shri Arup Kumar Goswami, Chief Justice

Hon'ble Shri Gautam Chourdiya, Judge

Judgment on Board

Per Arup Kumar Goswami, Chief Justice

25.03.2022

Heard Mr. Varun Sharma, learned counsel for the petitioners in

WPPIL No.5/2022 and WPC No.554/2022, Mr. Harshmander Rastogi,

learned counsel for the petitioners in WPPIL No.10/2022, Mr. Mahendra

Dubey, learned counsel for the petitioners in WPPIL No.45/2022, Mr.

Roop Ram Naik, learned counsel for the petitioner in WPPIL No.11/2022

and Mr. Tarendra Kumar Jha, learned counsel for the petitioners in

WPPIL No.7/2022. Also heard Mr. S.C. Verma, learned Advocate General

along with Mrs. Meena Shastri, learned Additional Advocate General,

appearing for the State/respondents in all the petitions.

2. In WPPIL No.5/2022, WPPIL No.10/2022, WPC No.554/2022,

WPPIL No.11/2022 and WPPIL No.7/2022, essentially, challenge is made

to the notification dated 20.10.2021, whereby objections were invited with

regard to the proposal for creation of a new district as Sarangarh-

Bilaigarh under the provisions of Section 13 of the Chhattisgarh Land

Revenue Code, 1959 (in short, 'Code, 1959'). This new district is sought

to be created by taking out certain areas from existing districts of Raigarh

and Balodabazar-Bhatapara.

3. In WPPIL No.10/2022, pursuant to an order of this Court dated

07.02.2022 passed in WPPIL No.19/2022, an intervention application is

filed by the Gram Panchayat, Kandola, who was the writ petitioner in

WPPIL No.19/2022. We have also heard Mr. Bhupendra Dubey,

appearing for Intervenors, who has supported the petitioners.

4. In WPPIL No.45/2022, challenge is made to the notification dated

11.11.2021, whereby objections were invited with regard to the proposal

for creation of a new district as Manendragarh-Chirmiri-Bharatpur under

the provisions of Section 13 of the Code, 1959. This new district is sought

to be created by taking out some areas from existing district of Korea.

5. Though in WPC No.554/2022, Rules under Section 13 of the Code,

1959 has been challenged, Mr. Varun Sharma, learned counsel submits

that at this juncture, he is not pressing the challenge mounted to the

Rules in question and submits that liberty may be granted to him to

challenge the same in future, if need be.

6. Various grounds have been taken in these writ petitions to assail

the notifications dated 20.10.2021 and 11.11.2021, by which new districts

are proposed to be created.

7. Section 13 of the Code, 1959 reads as follows :

"13. Power to alter, create or abolish divisions, districts, sub-divisions and tahsils. - (1) The State Government may create divisions comprising of such districts as it may deem fit and may abolish or alter the limits of such divisions.

(2) The State Government may alter the limits of any district or tahsil and may create new, or abolish existing districts or tahsils, and may divide any district into sub-divisions and may alter the limits of or abolish, any subdivision :

Provided that the State Government before passing any orders under this section on any proposal to alter the limits of any [division or] / [xx] district or tahsil or to create new or abolish existing [divisions] / [xx] districts or tahsils, shall publish in the prescribed form such proposals for inviting

objections and shall take into consideration any objections to such proposal.

(3) Subject to the orders of the State Government under sub-section (2), every tahsil shall be deemed to be a sub-division of a district."

8. It is in the light of above, notifications dated 20.10.2021 for creation

of a new district, namely, Sarangarh-Bilaigarh and notification dated

11.11.2021 for creation of a new district, namely, Manendragarh-Chirmiri-

Bharatpur, had been issued inviting objections.

9. On a query of the Court, the learned counsel for the petitioners

submitted that the petitioners had lodged their objections before the

Authorities, but at the same time, they fairly submit that the objections

may not be as exhaustive as articulated in the writ petitions.

10. In WPPIL No.10/2022, a letter dated 21.10.2021 is annexed as

Annexure P/1. By the said letter, which was issued by the Under

Secretary to the Collector of Balodabazar-Bhatapara, the Collector was

requested, amongst others, to forward the objections received along with

his opinion.

11. Section 13 of the Code, 1959 makes it clear that the objections are

to be considered by the State Government and not by the Collector.

12. On instructions, Ms. Shastri submits that though in the notifications

in question, it is stated that objections are to be forwarded to the

Secretary, Government of Chhattisgarh, Department of Disaster

Management, it transpired that many objections were lodged before the

Collector of the districts, and therefore, it was considered appropriate to

request the Collector to forward the objections received by him to the

State Government for consideration of such objections also. According to

Ms. Shastri, the State Government will decide the objections and

Collector is only required to forward the objections received at his end.

13. Mr. Verma, learned Advocate General, at this juncture, submits that

till now, the objections have not been finally considered by the State

Government.

14. After hearing the learned counsel for the parties, we are of the

considered opinion that it will not be appropriate at this juncture to

entertain these writ petitions as the objections filed by the petitioners are

yet to be considered by the State Government.

15. However, we are also of the considered opinion that it will be in the

interest of justice, if the petitioners before this Court in these batch of writ

petitions, are permitted to file additional objections, within a period of two

weeks taking all such pleas, as may be available in law and as well as on

facts.

16. Accordingly, liberty is granted to the petitioners before this Court in

these batch of writ petitions to file additional objections within a period of

two weeks from today before the Secretary, Government of Chhattisgarh,

Department of Disaster Management.

17. Mr. Verma submits that no decision will be taken without

considering additional objections to be submitted by the writ petitioners in

these batch of writ petitions.

18. The writ petitions, accordingly, stand disposed of. We also reserve

liberty to the petitioners to approach this Court again in future, if need be.

Liberty is also granted to Mr. Varun Sharma, as prayed for.

                         Sd/-                                       Sd/-
                (Arup Kumar Goswami)                       (Gautam Chourdiya)
                     Chief Justice                                Judge


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