[Cites 1, Cited by 0]
Chattisgarh High Court
Jalam Singh vs State Of Chhattisgarh on 20 April, 2026
1
2026:CGHC:17766
Digitally
signed by
RUKHSAR
RUKHSAR BANO
BANO Date:
2026.04.21
NAFR
16:26:24
+0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 1604 of 2026
1 - Jalam Singh S/o Late Chhabiram Dhruw Aged About 37 Years R/o Village-
Bindranawagarh, Tahsil And District- Gariyaband (C.G.)
2 - Bharat Singh Thakur S/o Late Parshuram, Aged About 50 Years R/o Village
Bindranawagarh, Tahsil And District -Gariyaband (C.G.)
3 - Tisram Dhruw S/o Late Majhiram Dhruw Aged About 55 Years R/o Village-
Bindranawagarh, Tahsil And District- Gariyaband (C.G.)
4 - Meshram Netam S/o Late Ram Singh, Aged About 35 Years R/o Village-
Bindranawagarh, Tahsil And District -Gariyaband (C.G.)
5 - Daulat Ram Thakur S/o Late Maheshram Thakur, Aged About 50 Years R/o
Village Bindranawagarh, Tahsil And District- Gariyaband (C.G.)
... Petitioners
versus
1 - State Of Chhattisgarh Through The Secretary, Revenue And Disaster
Management Department, Mantralaya, Atal Nagar, Nawa Raipur, District- Raipur
(C.G.)
2 - The Collector, District- Gariyaband (C.G.)
3 - The Sub- Divisional Officer (Revenue) Gariyaband, District- Gariyaband (C.G.)
4 - The Tahsildar, Gariyaband, District- Gariyaband (C.G.)
... Respondents
(Cause title taken from Case Information System)
For Petitioners : Mr. Kamlesh Kumar Pandey, Advocate
For State/Respondents : Dr. Arham Siddiqui, Panel Lawyer.
(Hon'ble Shri Justice Naresh Kumar Chandravanshi)
Order on Board
20/04/2026
1. This petition has been preferred by petitioners under Article 226 of the
Constitution of India seeking following reliefs:-
"10.1 That, this Hon'ble Court may kindly be
pleased to call the records pertaining to the case
from the respondent authorities.
10.2 That, this Hon'ble Court may kindly be
pleased to issue an appropriate direction to the
concerned respondent authorities for allotment of
the lands by way of patta in favour of petitioners,
in which, the petitioners are in possession.
10.3 That, the Hon'ble Court may kindly be
pleased to grant any other relief which may be
deem fit in the given facts and circumstances of
the instant case including cost of litigation."
2. Learned counsel for the petitioners submits that the lands bearing
Khasra Nos.383, 395, 399, 401, 434, 509 and 510, total area of 101.18
hectares, situated at Village Bindranawagarh, P.H. No.27, Tahsil and
District Gariyaband, are government lands. He further submits that in
the year 1967-68, a 25-member Samiti was constituted under the name
"Adiwasi Krishi Sahakari Samiti, Bindranawagarh" (for short "Samiti").
The State government allotted the aforesaid lands to the members of
the Samiti for the purposes of rehabilitation, earning livelihood and
accommodation. Each member was allotted 10 acres of land, on which
they constructed houses on a portion thereof, and the remaining
portion was used for agricultural purposes to earn their livelihood. The
said lands were also recorded in the name of the President of the
Samiti in revenue records. Subsequently, the founder members of the
Samiti passed away, and the lands were inherited by their successors.
On account of death of founder members, the registration of the Samiti
was cancelled, and the land was recorded again in the name of the
Government. However, the petitioners, being the legal heirs of founder
members of Samiti, are still residing on and in possession of their
respective shares. He further submits that the petitioners filed individual
applications for grant of patta for their respective shares of the subject
land; however, the same has not been granted to them, despite their
continuous possession on it for more than 40-45 years. Pursuant to the
applications filed by the petitioners, reports were also sought from the
Revenue Inspector and the Sub-Divisional Officer, Gariyaband, who
submitted detailed reports in favour of the petitioners. It is further
submitted that the petitioners belong to the tribal community and have
also filed an application before the Chhattisgarh State Tribal
Commission, Raipur, despite that, their grievance has not yet been
redressed. Therefore, learned counsel prays that the present petition
may be disposed of by granting liberty to the petitioners to file a fresh
representation before the Collector, Gariyaband for redressal of their
grievance, and that the Collector be directed to decide the same within
a time-bound manner.
3. In reply, learned counsel for the State/respondents submits that if the
petitioners file an application/representation, the same shall be
considered and decided in accordance with law.
4. Heard learned counsel for the parties and perused the material
available on record.
5. The petitioners are said to be tribal people, and the lands in question
were allotted to the Samiti, which was registered by their ancestors, as
such the petitioners have been in possession of the said lands for more
than 40-45 years.
6. Having considered the aforesaid facts and the limited grievance of the
petitioners, the present writ petition is disposed of at this stage,
granting liberty to the petitioners to file a fresh
application/representation before Respondent No.2 / the Collector,
District Gariyaband within a period of 15 days from today, along with all
necessary documents for redressal of their grievance. In the eventuality
of filing such application/representation filed by the petitioners, the
same shall be decided by Respondent No.2/the Collector, Gariyaband,
in accordance with law within a further period of 60 days from the date
of filing of such application/representation, along with a copy of this
order, after due inquiry by passing a reasoned and speaking order.
However, it is made clear that no coercive steps shall be taken against
the petitioners till decision of the Collector, Gariyaband.
7. With the aforesaid observations and directions, the present writ petition
stands disposed of.
8. Pending interlocutory application(s), if any, also stands disposed of. No
order as to cost(s).
Sd/-
(Naresh Kumar Chandravanshi)
Judge
Rukhsar
