KAVITA vs STATE OF CHHATTISGARH

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CGHC010005142023 2026:CGHC:44700
NAFR
Digitally
signed by
PRIYANKA
VERMA
Date:
2026.10.16
18:18:35
+0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
PRIYANKA
VERMA
WPC No. 178 of 2023
1 - Kavita D/o Late Dukhraj Aged About 35 Years R/o Village Tatapani, Tahsil
Balrampur P.S. Ramanujganj, District Balrampur Ramanujganj Chhattisgarh.
2 - Bulaki S/o Late Harvans Aged About 63 Years R/o Village Tatapani, Tahsil
Balrampur P.S. Ramanujganj, District Balrampur Ramanujganj Chhattisgarh.
3 - Saheba S/o Late Harvans Aged About 65 Years R/o Village Tatapani, Tahsil
Balrampur P.S. Ramanujganj District Balrampur Ramanujganj Chhattisgarh.
--- Petitioners
versus
1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue,
Mahanadi Bhawan, Mantralaya Atal Nagar, Raipur, District : Raipur,
Chhattisgarh
2 - The Collector, Balrampur - Ramanujganj District Balrampur Ramanujganj
Chhattisgarh.
3 - The Sub Divisional Officer (Revenue) Ramanujganj Division, District
Balrampur Ramanujganj Chhattisgarh.
4 - The Tahsildar, Balrampur District Ramanujganj Chhattisgarh.
5 - Secretary, Gram Panchayat Tatapani, Janpad Panchayat Balrampr, District
Balrampur Ramanujganj Chhattisgarh.
--- Respondents
WPC No. 357 of 2023
1 - Ajay Minj S/o Late Pradeep Minj, Aged About 30 Years R/o Village
Tatapani, Tahsil - Balrampur P.S. - Ramanujganj, District - Balrampur -
Ramanujganj, Chhattisgarh.

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--- Petitioner
Versus
1 - State Of Chhattisgarh Through - The Secretary, Department Of Revenue,
Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, District : Raipur,
Chhattisgarh
2 - The Collector, Balrampur - Ramanujganj, District Balrampur -
Ramanujganj, Chhattisgarh.
3 - The Sub Divisional Officer (Revenue) Ramanujganj Division, District
Balrampur - Ramanujganj, Chhattisgarh.
4 - The Tahsildar, Balrampur District Balrampur - Ramanujganj, Chhattisgarh.
5 - Secretary, Gram Panchayat Tatapani, Janpad Panchayat Balrampur, District
Balrampur - Ramanujganj, Chhattisgarh.
--- Respondents
For Petitioner : Ms. Kusum Lalchandani, Advocate appears on
behalf of Mr. Akath Kumar Yadav, Advocate
For State : Mr. Amit Nayak, PL
Hon'ble Shri Justice Amitendra Kishore Prasad
Order on Board
15/10/2026
1. For the sake of convenience, W.P.C. No. 178/2023 is treated as the lead
case for the purpose of disposing of both writ petitions.
2. This Writ Petition has been filed against the inaction on the part of
Respondent No.4, Tehsildar who despite the directions issued to him by
the Collector, Balrampur Ramanujganj in respect of grant of land in
favour of petitioner, has failed to hand over the possession to the
petitioner since 2018.
3. Brief facts of the case are that on 29.11.2016 an order was passed by the
respondent no.3 in respect of petitioner's land which has been acquired
for the purpose of road construction and in exchange of that land which

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is used for road construction, the government has assured to give the
land in village Tatapani and Bhanora. After passing of the order, it has
been sent to the respondent no.2 for confirmation. On 11.01.18,
Respondent No.2 has perused the recommendation from the respondent
no.3 & 4 and passed order dated 11.01.18 stating categorically that as
per the recommendation from respondent no.4, the government land
situated in village Tatapani which is recorded as Jhadi Jungle and the
land in village Bhanora is recorded as "Parti Bhoomi" is recorded as
Bhoomi Swami in the name of petitioner as per Surguja Settlement
1944. On 29.06.16, Tahsildar Balrampur has issued advertisement for
inviting objections from the general public of that locality and thereafter
when no objection was received to office of the respondent no.4 and
thereafter, no objection has been received from the office of gram
panchayat Tatapani. Sub Registrar Balrampur has issued valuation report
of that land thereafter as per the law envisaged in C.G. Land Revenue
Code, 1959 under Section 234 the land has been exchanged and as per
law 2% of land of gram panchayat Tatapani has been left for Gochar and
the remaining land which has been allotted in the name of petitioner has
been executed and direction has been given to respondent no.3 & 4 to
demarcate the land and give physical possession to the petitioner. As per
Form B-1 Kistband Khatauni, the name of the petitioner has been
mentioned and the area has been clearly mentioned as 1.03, 0.22, 0.75.
The petitioner along with other villagers have jointly moved an
application before the respondent no.2 raising their grievances on
30.12.21, 07.09.22, 28.11.20, 17.02.21, 14.02.19 and stating that the

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land which has been acquired by the Administration in exchange of their
own land and for giving physical possession to them otherwise they will
get back the land of their own. On 31.12.21, Respondent no.3 has issued
official correspondence to respondent no.4 regarding their lands which
has been acquired by the administration for the purpose of road
construction and if the possession of the land has not been given, they
will be compelled to strike against the administration and demanded
their own land for their cultivation.
4. Learned counsel for the petitioner submits that even after passing of
order dated 11.01.2018 by the Collector, Balrampur Ramanujganj
whereby it has been directed to Tehsildar Balrampur to hand over the
possession of the land bearing Khasra No.231, rakba 0.22 situated at
village Tatapani and land bearing Khasra No.232, rakba 0.75 hectare and
Khasra No.3, rakba 1.03 hectare situated at village Tatapani in favour of
the petitioner, however, till date the said order has not been complied
with though the same has not been challenged before any other
authority.
5. Learned State counsel submits that since the order has already been
passed by the Collector, as such, the Tehsildar may be directed to hand
over the possession of the said land to the petitioner within a stipulated
period.
6. Having heard learned counsel for the parties and having perused the
order dated 11.01.2018, it is evident that by the said order, on account of
exchange of land of petitioner for construction of road, Collector
Balrampur Ramanujganuj has directed Tehsildar Balrampur to hand over

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the possession of land bearing Khasra No.231, rakba 0.22 hectare
situated at village Tatapani and land bearing Khasra No.232, rakba 0.75
hectare and Khasra No.3, rakba 1.03 hectare situated at village Tatapani
in favour of the petitioner, which according to the parties herein has not
been challenged before any higher authority, as such, the same has
attained finality and since the order was passed in the year 2018, as
such, Tehsildar Balrampur is directed to comply with the order dated
11.01.2018 passed by the Collector, Balrampur Ramanujganj within a
period of 30 working days from the date of receipt of a copy of this
order. However, if the order dated 11.01.2018 has been challenged
before any other authority, the Tehsildar shall communicate the said
information to the petitioner so that he may take appropriate legal
recourse under the law for challenging the same.
7. It is made very much clear that if the Tehsildar fails to comply with this
order, this Court will initiate suo moto contempt proceedings against
him.
8. With the aforesaid observation/direction, these Writ Petitions are
disposed of.
Sd/-
(Amitendra Kishore Prasad)
Judge
Priyanka