Chattisgarh High Court
Ramesh Vishwakarma vs Commissioner on 20 June, 2025
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2025:CGHC:26118-DB
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WA No. 261 of 2025
1 - Ramesh Vishwakarma S/o Shri Rajaram Vishwakarma Aged About 47
Years Address - Housing Board, B.S.U.P. Colony, Saddu, Behind Science
Building, Police Station - Mowa, Post, Tehsil And District - Raipur
Chhattisgarh
2 - Sadhu (Died) Through Legal Heir Devendra Harpal S/o Shri Sadhu
Harpal Aged About 234 Years Address - Housing Board, B.S.U.P. Colony,
Saddu, Behind Science Building, Police Station - Mowa, Post, Tehsil And
District - Raipur Chhattisgarh
3 - Sudersan Baghel (Died) Through Legal Heir Smt. Premshila Baghel
Aged About 56 Year Address - Housing Board, B.S.U.P. Colony, Saddu,
Behind Science Building, Police Station - Mowa, Post, Tehsil And District -
Raipur Chhattisgarh
4 - Bhuneshwar Dhruw S/o Lakhan Lal Aged About 46 Years Address -
Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police
Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh
5 - Tikamchand Sahu S/o Pyari Ram Sahu Aged About 48 Years Address -
Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police
Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh
6 - Bhagwat Yadav S/o Sukhalal Ydava Aged About 35 Years Address -
Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police
Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh
7 - Dinu Nayak S/o Bhagchand Aged About 54 Years Address - Housing
Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police Station -
Mowa, Post, Tehsil And District - Raipur Chhattisgarh
8 - Lilaram Yadav S/o Sukhlal Yadav Aged About 45 Years Address -
Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police
Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh
9 - Haribandhu Tandi S/o Sukhalal Aged About 48 Years Address -
Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police
Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh
2
10 - Devki Nishad H/o Kaliram Nishad Aged About 48 Years Address -
Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police
Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh
11 - Beniram Sen S/o Rana Sen Aged About 51 Years Address - Housing
Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police Station -
Mowa, Post, Tehsil And District - Raipur Chhattisgarh
12 - Rama Sen (Died ) Through Legal Heir Smt. Tejan Bai H/o Late Shri
Rama Sen Aged About 65 Years Address - Housing Board, B.S.U.P.
Colony, Saddu, Behind Science Building, Police Station - Mowa, Post,
Tehsil And District - Raipur Chhattisgarh
13 - Aasuram Baghel S/o Munsiram Baghel Aged About 54 Years Address
- Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police
Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh
14 - Chain Singh Sahu S/o Dhaniram Sahu Aged About 48 Years Address
- Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police
Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh
15 - Manoj Deep S/o Chotelal Deep Aged About 33 Years Address -
Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police
Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh
16 - Lalguni Kumahar S/o Daisari Kumahar Aged About 45 Years Address
- Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police
Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh
17 - Ganesh Bagh S/o Shri Baghel Bagh Aged About 42 Years Address -
Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police
Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh
18 - Manisha Nishad H/o Manharan Nishad Aged About 38 Years Address
- Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police
Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh
19 - Gautam Tandi S/o Shri Diva Tandi Aged About 41 Years Address -
Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police
Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh
20 - Chiniram Sona S/o Shri Goverdhan Sona Aged About 57 Years
Address - Housing Board, B.S.U.P. Colony, Saddu, Behind Science
Building, Police Station - Mowa, Post, Tehsil And District - Raipur
Chhattisgarh
21 - Ranu Tandi H/o Shri Kalindra Tandi Aged About 33 Years Address -
Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police
Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh
22 - Nitu Tandi H/o Shri Nilachand Tandi Aged About 37 Years Address -
3
Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police
Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh
23 - Dohana Baghel H/o Shri Dilip Baghel Aged About 50 Years Address -
Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police
Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh
24 - Madari Tandi H/o Shri Nehur Tandi Aged About 51 Years Address -
Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police
Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh
25 - Nirmala Sahu H/o Shri Ashok Sahu Aged About 38 Years Address -
Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police
Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh
26 - Duaa Bai Harpal H/o Shri Jalandhar Harpal Aged About 48 Years
Address - Housing Board, B.S.U.P. Colony, Saddu, Behind Science
Building, Police Station - Mowa, Post, Tehsil And District - Raipur
Chhattisgarh
27 - Radha Vishwakarma W/o Shri Rajaram Vishwakarma Aged About 70
Years Address - Housing Board, B.S.U.P. Colony, Saddu, Behind Science
Building, Police Station - Mowa, Post, Tehsil And District - Raipur
Chhattisgarh
28 - Anjli Yadav W/oshri Dukalu Aged About 46 Years Address - Housing
Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police Station -
Mowa, Post, Tehsil And District - Raipur Chhattisgarh
29 - Rajendra Sonwani S/o Shri Mayaram Aged About 40 Years Address -
Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police
Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh
30 - Bimla H/o Late Narsingh Tandi Aged About 70 Years Address -
Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police
Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh
31 - Champeshwari H/o Shri Prahalad Tandi Aged About 34 Years
Address - Housing Board, B.S.U.P. Colony, Saddu, Behind Science
Building, Police Station - Mowa, Post, Tehsil And District - Raipur
Chhattisgarh
32 - Shanti Harpal H/o Late Samir Harpal Aged About 37 Years Address -
Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police
Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh
33 - Daraupati Tandi H/o Shri Makhishiro Tandi Aged About 45 Years
Address - Housing Board, B.S.U.P. Colony, Saddu, Behind Science
Building, Police Station - Mowa, Post, Tehsil And District - Raipur
Chhattisgarh
4
34 - Babulal Nayak S/o Shri Upashu Nayak Aged About 50 Years Address
- Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police
Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh
35 - Pushpa Bihari H/o Shri Puran Bibhar Aged About 32 Years Address -
Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police
Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh
36 - Vishakha Kumhar H/o Shri Ratana Kumhar Aged About 35 Years
Address - Housing Board, B.S.U.P. Colony, Saddu, Behind Science
Building, Police Station - Mowa, Post, Tehsil And District - Raipur
Chhattisgarh
37 - Vedi Tandi H/o Shri Fageshwar Tandi Aged About 42 Years Address -
Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police
Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh
38 - Rajkumari Sahu H/o Shri Milan Sahu Aged About 65 Years Address -
Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police
Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh
39 - Ghashiyano Nayak H/o Shri Banshi Nayak Aged About 35 Years
Address - Housing Board, B.S.U.P. Colony, Saddu, Behind Science
Building, Police Station - Mowa, Post, Tehsil And District - Raipur
Chhattisgarh
40 - Banita Bagh H/o Shri Hripal Bagh Aged About 35 Years Address -
Housing Board, B.S.U.P. Colony, Saddu, Behind Science Building, Police
Station - Mowa, Post, Tehsil And District - Raipur Chhattisgarh
... Petitioner(s)
versus
1 - Commissioner Nagar Palik Nigam Raipur Chhattisgarh, White House
Near Mahila Thana Chowk, Raipur Chhattisgarh
2 - Jiladhish Raipur Thana - Golbazar, Raipur Chhattisgarh
3 - Sachiv Shahri Vikas Mantralaya Bharat Sarkar, Nirman Bhawan, C-
Wing, Maulana Azad Road, Thana - Dwarka, Post - New Delhi - 110011
---- Respondents
(Cause-title taken from Case Information System)
For Appellant : Mr. Vijay Shankar Mishra Advocate.
For Respondent No. 1 & 2 : Mr. Pankaj Agrawal, Advocate
For Respondent No. 3 : None.
Hon'ble Shri Ramesh Sinha, Chief Justice
Hon'ble Shri Arvind Kumar Verma, Judge
Judgment on Board
Per Arvind Kumar Verma, Judge
20.06.20245
1. Heard Mr. Vijay Shankar Mishra, learned counsel for the appellant.
Also heard Mr. Pankaj Agrawal, learned counsel for respondents No.
1 & 2.
2. This writ appeal is presented assailing the order dated 12.11.2024
passed by the learned Single Judge in WPC No. 2253 of 2014
(Sadhu Harpal and others Vs. Municipal Corporation and
others), whereby, the writ petition filed by the appellant/writ
petitioners was dismissed.
3. Brief facts of the case are that the appellants/petitioners have been
continuously residing in the "Bhola Nagar" slum area situated within
the urban area of Shankar Nagar, Raipur C.G. for a long time. After
a long time, the appellants were living in houses made of raw
kaveluposh/asbestos roof on small plots of land of 300 to 400 square
feet and they were provided residential (lease) under the rules of the
State Government under Rajiv Gandhi Aashray Yojana and Madhya
Pradesh Urban Area Landless Person Act 1984. All the documents
which reveals residence relation information are attached with the
writ petition No. 241/2015. On 16.10.2014, the respondent No. 1-
officer of Municipal Corporation, Raipur and local police force were
present and bulldozers and JCB machines were parked in the "Bhola
Nagar" slum area, which the appellants of Bhola Nagar were asked
to vacate out residence immediately and the houses of the appellants
were forcibly demolished. Thereafter the appellants were provided
BSUP flats. It has become difficult for the appellants to accommodate
their families in the BSUP flats provided by the respondents in
Housing Board Colony Saddu. Therefore, the present writ appeal
have been filed.
4. Learned counsel for the appellants submit that the respondent No. 1
without giving notice to the petitioners, carried out demolition of their
residence by using force and heavy machince which was provided by
the government, due to which the petitioners have suffered
irreparable loss, this has not been considered by the single Bench.
5. Learned counsel for the appellants submits that presently the
appellants are residing in the BSUP flats in Housing Board Colony
which was provided by the government for settlement after
demolition of their lands but till date the Government has not
provided any other plot or land to the appellants, whereas the plot
which was provided to them officially, which was transferred on lease
in which the Government has made a provision for providing
ownership on the leased land on payment of fixed land rent and fee,
the benefit of which cannot be availed by the appellants as they are
not being provided as independent plot which is against the law.
Further learned counsel for the appellants prays that appellants may
be provided plot/land in lieu of the leased plot provided by the
government and the appellants who belong to the working class, will
be able to avail the benefits of all the government schemes, of which
they are currently deprived.
6. Learned counsel for the appellants also submits that the learned
Single Judge has committed grave illegality while dismissing the writ
petition. As such, the present writ appeal deserves to be allowed and
the order of the learned Single Judge deserves to be set aside.
7. On the other hand, learned State counsel appearing for the
respondents opposed the aforesaid submission and submitted that
the learned Single Judge after considering all the aspects of the
matter has rightly passed the order which warrants no interference
8. We have heard learned counsel for the parties and perused the
impugned order and other documents appended with writ appeal.
9. Learned Single Judge vide order dated 12.11.2024 disposed of the
writ petition of the appellant by observing therein that since the
petitioners have already been rehabilitated in the aforesaid Housing
Board Complex, the petitions have become infructuous.
10. From perusal of the impugned order and materials available on
record, it transpires that since the petitioners have been rehabilitated
in the BSUP flats in lieu of their land (lease) and they have taken
possession upon the newly allotted house and at that relevant time
no objection was made, thereafter they cannot claim that they would
have been provided plot/land. Therefore the petitioner was unable to
point out any illegality or any irregularity in the order passed by the
learned Single Bench which warrant interference.
11. Considering the submissions advanced by the learned counsel for
the parties and the finding recorded by the learned Single Judge
while dismissing the writ petition filed by the writ petitioner, we are of
the considered opinion that the learned Single Judge has not
committed any illegality, irregularity or jurisdictional error in the
impugned order warranting interference by this Court.
12. Accordingly, the writ appeal being devoid of merit is liable to be and
is hereby dismissed. No cost(s).
Sd/- Sd/-
(Arvind Kumar Verma) (Ramesh Sinha)
Judge Chief Justice
Jyoti
