Pawan Kumar Chouhan vs State Of Chhattisgarh
2022 Latest Caselaw 6506 Chatt

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                                                                       NAFR

            HIGH COURT OF CHHATTISGARH, BILASPUR
                           WA No. 39 of 2021
 Pawan Kumar Chouhan S/o Shri Chinta Ram Chouhan Aged About 45
 Years Executive President Of Revenue Patwari Union Chhattisgarh,
 Resident Of Village Dimrapur Raigarh , Police Station City Kotwali Tahsil
 And District Raigarh Chhattisgarh
                                                                ---- Appellant
                                 Versus
1. State of Chhattisgarh Through Secretary (Revenue Department)
   Mahanadi Bhawan, Mantralay Atal Nagar Nava Raipur District Raipur
   Chhattisgarh.
2. The Director (Land Records) Indrawati Bhawan, First Floor, Block No.
   2, Atal Nagar Nava Raipur District Raipur Chhattisgarh.
3. The Collector Balod District Balod Chhattisgarh.
4. The Collector Baloda Bazar District Baloda Bazar Bhatapara
   Chhattisgarh.
5. The Collector Balrampur District Balrampur Ramanujganj Chhattisgarh.
6. The Collector     Bastar   (Jagdalpur)   District   Bastar    (Jagdalpur)
   Chhattisgarh
7. The Collector Bemetara District Bemetara Chhattisgarh
8. The Collector Beejapur, District Beejapur Chhattisgarh
9. The Collector Bilaspur District Bilaspur Chhattisgarh
10.The Collector Dantewada District Dantewada Chhattisgarh
11.The Collector Dhamtari District Dhamtari Chhattisgarh
12.The Collector Durg, District Durg Chhattisgarh
13.The Collector Gariyaband , District Gariyaband Chhattisgarh
14.The Collector Gaurela Pendra , District Gaurela Pendra Chhattisgarh
15.The Collector Janjgir Champa , District Janjgir Champa Chhattisgarh
16.The Collector Jashpur District Jashpur Chhattisgarh
17.The Collector Kabirdham Kawardha District Kabirdham Kawardha
   Chhattisgarh
18.The Collector Kanker District Kanker Chhattisgarh
19.The Collector Kondagaon, District Kondagaon Chhattisgarh
20.The Collector Korba, District Korba Chhattisgarh
21.The Collector Korea (Baikunthpur) District Korea Chhattisgarh
22.The Collector Mahasamund District Mahasamund Chhattisgarh
23.The Collector Mungeli District Mungeli Chhattisgarh
24.The Collector Narayanpur District Narayanpur Chhattisgarh
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 25.The Collector Raigarh District Raigarh Chhattisgarh
 26.The Collector Raipur , District Raipur Chhattisgarh
 27.The Collector Rajnandgaon District Rajnandgaon Chhattisgarh
 28.The Collector Sukma District Sukma Chhattisgarh
 29.The Collector Surajpur District Surajpur Chhattisgarh
 30.The Collector Surguja (Ambikapur) District Surguja Chhattisgarh
                                                             ---- Respondents

(Cause Title taken from Case Information System)

For Appellant : Mr. Santosh Kumar Pandey, Advocate. For Respondents : Ms. Astha Shukla, Government Advocate.

Hon'ble Mr. Arup Kumar Goswami, Chief Justice

Hon'ble Mr. Sanjay Agrawal, Judge

Judgment on Board

Per Arup Kumar Goswami, Chief Justice

01/11/2022

Heard Mr. Santosh Kumar Pandey, learned counsel, appearing for

the appellant. Also heard Ms. Astha Shukla, learned Government

Advocate, appearing for the respondents.

2. This appeal is presented against an order dated 17.12.2020 passed

by the learned Single Judge in WPS No. 5070/2020 declining to entertain

the writ petition filed by the Executive President of Revenue Patwari Union,

Chhattisgarh, which is a registered Union under the Societies Registration

Act, 1973.

3. Mr. Pandey submits that the limited prayer of the appellant is that a

direction to the respondent No. 1 be issued to dispose of the

representation dated 28.01.2019 (Annexure P/2). He submits that the

registered Union was espousing cause of individual members and

therefore, the learned Single Judge was not justified in not entertaining the

writ petition and in observing that the members of the Union whose rights

have been affected may approach the Court in an individual capacity.

4. Ms. Astha Shukla, learned Government Advocate submits that the

view taken by the learned Single Judge cannot be faulted with as, an

individual Patwari, if he is aggrieved by any of the matters referred to in the

representation dated 28.01.2019, could have ventilated his grievance

individually.

5. On due consideration of the submissions made by learned counsel

for the parties and having regard to the fact that though the petition is not

filed by the Revenue Patwari Union but by Pawan Kumar Chouhan, as the

Executive President of the Revenue Patwari Union, since it is not disputed

that Pawan Kumar Chouhan is the Executive President of the Patwari

Union, we are of the opinion that ends of justice would be sub-served if a

direction is issued to the respondent No. 1 to take note of the aforesaid

representation and dispose of the same in accordance with law, preferably

within a period of four months. Ordered accordingly,

6. The writ appeal stands disposed of.

                         Sd/-                                       Sd/-
                 (Arup Kumar Goswami)                         (Sanjay Agrawal)
                     CHIEF JUSTICE                                JUDGE



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