Prashant Manikpuri vs State Of Chhattisgarh
2022 Latest Caselaw 5958 Chatt

                                                                                    NAFR

                    HIGH COURT OF CHHATTISGARH, BILASPUR

                               WPC No. 4127 of 2022


        Prashant Manikpuri S/o Satyaprakash Manikpuri, aged about 41 years R/o
        Gariyaband, Tahsil and District: Gariyaband, Chhattisgarh.

                                                                           ---- Petitioner

                                           Versus

     1. State of Chhattisgarh through The Collector, District : Gariyaband,
        Chhattisgarh

     2. The Sub-Divisional Officer (Revenue) Gariyaband, District : Gariyaband,
        Chhattisgarh

     3. The Tahsildar, Gariyaband, District : Gariyaband, Chhattisgarh

     4. Mal   Jamadar,    Tahsil       Office,    Gariyaband,   District   :   Gariyaband,
        Chhattisgarh

                                                                        ---- Respondents




        For Petitioner             :       Mr. Krishna Kumar Pandey, Advocate

                                           with

                                           Mr. Kamlesh Kumar Pandey, Advocate

        For State                  :       Ms. Akansha Jain, Dy. G.A.



                     Hon'ble Shri Justice Arvind Singh Chandel

                                   Judgment on Board

22.09.2022
                                         2


Heard.

1.       Facts

of the case are that the land bearing Khasra No. 327

admeasuring area 0.09 hectare situated at P.H. No. 8, Paragaon,

District: Gariyaband (C.G.) is a Government Abadi land and the said

land has been reserved for the purpose of Khalihan as defined under

Section 237 of the Chhattisgarh Land Revenue Code, 1959. The Gram

Panchayat, Paragaon has passed resolution dated 24.04.2013

(Annexure-P/3), whereby, the aforesaid land was alloted to the

petitioner for the purpose of Khalihan. Thereafter, the land is being

used by the petitioner for the said purpose and the petitioner has

obtained permission from the Gram Panchayat for construction of

boundary wall and he had constructed a boundary wall also over the

said land. Thereafter, all of a sudden, without any complaint and only

on the basis of report of concerned Patwari the respondent No. 3 has

registered a case under Section 248 of the Chhattisgarh Land Revenue

Code against the petitioner and issued show-cause notice to the

petitioner on 08.04.2022 for dispossession of the petitioner from the

said land. In this regard, the petitioner preferred a writ petition

before the co-ordinate Bench this Court and vide order dated

28.04.2022 passed in WPC No. 2057 of 2022, the petition was

disposed of holding that the show-cause notice is not maintainable.

However, all of sudden, without affording any opportunity of hearing

to the petitioner, without giving any opportunity of filing reply and

also ignoring the fact that the petitioner is in possession over the said

land on the basis of resolution of Gram Panchayat dated 24.04.2013

and also without considering that Gram Panchayat has settled the said

land in favour of the petitioner, the respondent No. 3 passed the

order for dispossession of the petitioner from the said land and

further issued dispossession warrant against the petitioner. Hence,

this petition.

2. It is submitted by counsel for the petitioner that the impugned order

dated 16.09.2022 passed by respondent No. 3 is bad in law, being

perverse and unwarranted. It is further submitted by counsel that

without affording opportunity of hearing to the petitioner and

without giving any opportunity to file reply, the impugned order has

been passed. The petitioner is in possession over the said land on the

basis of resolution passed by the Gram Panchayat dated 24.04.2013,

therefore, the respondent No. 3 have no authority to proceed with

the proceedings under Section 248 of the Land Revenue Code.

3. On the other hand, learned counsel appearing on behalf of the State

opposes the argument advanced by counsel for the petitioner.

4. Heard the counsel appearing for the parties and perused the

documents annexed with the petition. On perusal of the order sheet

dated 08.04.2022 passed by respondent No. 3 in Revenue Case No.

202204221300016/A-68/2021-22, it reveals that on the basis of report

received from the concerned Patwari, the aforesaid revenue case has

been registered under Section 248 of the Chhattisgarh Land Revenue

Code and the show-cause notice was ordered to be issued to the

petitioner for eviction from the land. On perusal of further order

sheets of the said revenue case, it also reveals that though the

petitioner was present before the respondent No. 3, but he has not

submitted his reply, therefore, continuously the matter was fixed for

submission of reply and without getting any reply on 16.09.2022, the

impugned order has been passed. Thus, it is clear that before passing

of the impugned order no opportunity of hearing has been provided

to the petitioner, therefore, it would be proper that the petitioner

should be granted one opportunity of hearing.

5. Accordingly, this petition is disposed of. The impugned order dated

16.09.2022 is quashed. The petitioner is permitted to file his reply to

the show cause notice dated 08.04.2022 within two weeks from the

date of receipt of this order. Thereafter, respondent No. 3 shall decide

the matter and pass appropriate order in accordance with law within

one month thereof.

Sd/-

(Arvind Singh Chandel) Judge

Saurabh