SMT. NADESON SUMAN UNNI (IN PERSON) vs STATE OF CHHATTISGARH

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CGHC010403932025 2026:CGHC:45034
NAFR
Digitally
signed by
RAGHVENDRA
JAT
RAGHVENDRA
JAT

HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 5050 of 2025
1 - Smt. Nadeson Suman Unni (In Person) Daughter Of Late R.
Nadeson Aged About 56 Years Resident Of Quarter No.4-A Street
No.35, Sector 10, Bhilai Tahsil And District- Durg (C.G.)
--- Petitioner(s)
versus
1 - State Of Chhattisgarh Through- The Secretary, Revenue And
Disaster Management Department, Mahanadi Bhawan, Atal Nagar
Nawa Raipur District- Raipur (C.G.)
2 - Secretary Urban Administration Department, Mahanadi Bhawan,
Atal Nagar, Nawa Raipur District- Raipur (C.G.)
3 - Commissioner Durg Division District- Durg (C.G.)
4 - Collector Durg District- Durg (C.G.)
5 - Sub Divisional Officer (Revenue) Durg District- Durg (C.G.)
6 - Tahsildar Durg District- Durg (C.G.)
--- Respondent(s)

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WPC No. 5103 of 2025
1 - Smt. Nadeson Suman Unni (In Person) D/o Late R. Nadeson Aged
About 56 Years R/o Quarter No. 4-A, Street No. 35, Sector 10, Bhilai,
Tahsil And Distt. Durg, Chhattisgarh.
--- Petitioner(s)
Versus
1 - State Of Chhattisgarh Through The Secretary, Revenue And
Disaster Management Department, Mahanadi Bhawan, Atal Nagar,
Nawa Raipur, Distt. Raipur, Chhattisgarh.
2 - Secretary Urban Administration Department, Mahanadi Bhawan,
Atal Nagar, Nawa Raipur, Distt. Raipur, Chhattisgarh.
3 - Commissioner Durg, Division, Distt. Durg, Chhattisgarh.
4 - Collector Durg, Distt. Durg, Chhattisgarh.
5 - Sub Divisional Officer (Revenue) Durg, Distt. Durg, Chhattisgarh.
6 - Tahsildar Durg, Distt. Durg, Chhattisgarh.
--- Respondent(s)

For Petitioner(s) : Smt. Nadeson Suman Unni, petitioner
in person.
For Respondent(s)/State : Mr. Shobhit Mishra, Dy. G.A. and Dr.
Arham Siddiqui, Panel Lawyer.
Hon’ble Mr. Justice Amitendra Kishore Prasad
Order on Board

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26/10/2026
1. Since common question of facts and law is involved in these
cases, as such, both the petitions are being disposed of by this
common order.
2. The petitioner-in-person have prayed for certain reliefs in the writ
petitions. Though there are some sort of differences in respect of
prayer made by the petitioner-in-person in both the petitions,
however, in sum and substance, the reliefs are altogether similar
and identical. The reliefs prayed in WPC No. 5050/2025 (Smt.
Nadeson Suman Unni vs. State of Chhattisgarh & Ors.) are
quoted hereinbelow in order to consider these cases and to
decide the same.
“10.1 That, this Hon'ble Court may kindly be pleased to
set-aside the impugned circular dated 23-07-2024
(Annexure P-1) and impugned order dated 19-06-2025
(Annexure P-2) passed by the respondent No.3.
10.2 That, this Hon'ble Court may kindly be pleased to
direct the respondent authorities to redecide the
application for regaurlziatoin of the land of petitioner and
initiate fresh proceedings and decide the same on merits.
10.3 That, this Hon'ble Court may kindly be pleased to
direct the respondent authorities to regularize and grant
lease holding right to the petitioner over the subject
property i.e. Khasra No.194/1 admeasuring 562.62

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sq.feet as Plot No.7, which is part of Khasra No.194/1
situated at Village Borsibhatha, P.H.No.23, Tahsil and
District Durg (C.G.).
10.4 That, any appropriate writ, direction or order may
also kindly be passed in favour of the petitioner, which
this Hon'ble court deems fit in the circumstances of the
case.”
3. The petitioner-in-person submits that she has challenged the
circular dated 23.07.2024 and the impugned order dated
19.06.2025, whereby the proceedings initiated for regularization
of the subject land and grant of leasehold rights in favour of the
petitioner-in-person were closed. She submits that the petitioner-
in-person purchased the leasehold land, originally granted to
Kanhaiya in the year 1984, through an Ekrarnama dated
01.06.1991 and has been in possession of the said land,
admeasuring 562.64 square feet, since then. For regularization of
the said land and grant of leasehold rights, the petitioner-in-
person has filed an application on 30.06.2022, pursuant to which
proceedings were initiated by the Tahsildar under Section 5-A of
the Act of 1984. However, following the issuance of the impugned
circular dated 23.07.2024, whereby the State Government
withdrew the earlier circular providing for regularization of such
land and grant of leasehold rights, the proceedings were closed
by the Tahsildar vide order dated 29.08.2024, which was
subsequently affirmed by the higher authorities, and the appeal of

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the petitioner-in-person before the Commissioner was also
rejected. She further submits that the impugned circular cannot
override the statutory rights available to the petitioner-in-person
under the Act of 1984 and the Chhattisgarh Nagriya Kshetron Ke
Awasheen Vyakti Ko Pattadhriti Adhikar Adhiniyam, 2023,
particularly Section 12 thereof, which provides for regularization
of land in the possession of eligible persons. She contends that
closing the proceedings without deciding the application of the
petitioner-in-person on its merits is arbitrary, illegal and contrary
to the aforesaid statutory provisions, as well as violative of Article
21 of the Constitution of India. She, therefore, prays that the
impugned circular and order be set aside and the authorities be
directed to decide the application of the petitioner-in-person for
regularization in accordance with law.
4. On the other hand, learned counsel for the State opposes the
submissions made by the petitioner-in-person and submits that
the State Government, vide its circular dated 23.07.2024,
withdrew the earlier circulars dated 11.09.2019, 26.10.2019,
20.05.2020 and 24.02.2022 concerning the allotment of
government land in urban areas, regularization of encroached
land and grant of ownership rights. He further submits that, in
view of the withdrawal of the aforesaid circulars, no orders could
be passed in pending proceedings under the withdrawn circulars,
and the proceedings in which no final orders had been passed
were required to be consigned to the record room. He further

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submits that the State Government subsequently issued a
notification dated 13.05.2026, prescribing the eligibility criteria for
grant of lease under the Chhattisgarh Nagariya Kshetron Ke
Awasheen Vyakti Ko Pattadhriti Adhikar Adhiniyam, 2023,
including the condition that the annual family income of the
applicant must not exceed Rs. 3,00,000/-. He, therefore, prays
that the petition may be dismissed.
5. I have heard learned counsel for the parties and having perused
the material available on record.
6. Considering the facts and circumstances of the case and further
considering the fact that according to the petitioner-in-person her
mother and she herself is residing the land in question after
constructed home since long back. She has filed an application
for settlement of lease of land in question as such she is directed
to file an appropriate application for rehabilitation of the land in
question in accordance with law within a period of 30 days from
the date of receipt of a copy of this order. Upon receipt of such
application, the concerned authorities are directed to consider the
same in light of the petitioner's long-standing possession and in
accordance with the applicable rules and regulations, after
inviting objections from the other parties, and to decide the
application within a further period of 60 days after granting an
opportunity of hearing to all necessary parties in a pragmatic
manner.
7. Till 60 days, the concerned authorities are directed not to take

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any coercive steps against the petitioner-in-person.
8. It is made clear that this Court has not expressed anything on the
merits of the case.
9. With this observation and direction, the writ petitions stand
disposed of.
Sd/-
(Amitendra Kishore Prasad)
Judge
Raghu Jat