WPC/2205/2021 of DINESH KUMAR CHOUHAN Vs STATE OF CHHATTISGARH on 16 September 2026

1. The petitioner has preferred the instant petition seeking the following reliefs:- “10.1 That this Hon’ble Court may kindly be pleased to allow the present petition preferred by the petitioner and call for the records pertaining to the present case. 10.2That this Hon’ble Court may kindly be pleased to issue an appropriate writ/order/direction more particularly in the nature of Writ of Mandamus to the respondent State Authorities directing them to grant patta of the disputed property to the petitioner. 10.3 That this Hon’ble Court may kindly be pleased to issue an appropriate writ/order/direction to the respondent State Authorities directing them not to construct any Gothan over the disputed property bearing Khasra No. 628/1 admeasuring area 4.205 hectares located at Village-Dokda, Tahsil-Kansabel District-Jashpur (C.G.). 10.4 That any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the cost of the petition may be given.”

2. Learned counsel for the petitioner submits that the petitioner and his ancestors have been in peaceful possession of the disputed land for more than 50 years, where the petitioner has constructed a house and is carrying on agricultural activities, and that the proposed construction of Gothan over the said land is arbitrary and illegal, particularly when other vacant government land is available nearby. He further submits that no notice or opportunity of hearing was afforded to the petitioner, despite his long-standing possession and repeated applications for grant of patta, and therefore the impugned action is violative of the principles of natural justice and liable to be set aside.

3. Learned counsel appearing for the State submits that, so far as the construction of Gothan is concerned, the proposal in this regard has already been dropped by the State Government. He next submits that so far as the relief sought under Clause 10.2 is concerned, the petitioner may file an appropriate application before the authorities concerned, which shall consider the same in accordance with law, after affording due opportunity of hearing to the petitioner.

4. Having heard learned counsel for the parties and considering the aforesaid facts and circumstances of the matter, the present petition is disposed of with a direction to the petitioner to file an appropriate application before the concerned authorities within a period of 15 days from the date of receipt of a copy of this order. Upon receipt of such application, the concerned authorities shall consider and dispose of the same in accordance with law, after affording due opportunity of hearing to the petitioner, within a further period of 60 days.

5. With this observations and direction, this petition stands disposed of.

6. No order as to cost(s)

Sd/-

(Amitendra Kishore Prasad) Judge U.K. Raju