Facts
The petitioners claimed ownership and possession of various parcels of land under Khasra numbers in Namnakala, Ambikapur
Source reference: para. 5They alleged that adjacent Government Nazul land (Khasra No. 243/1) served as their sole access route to their property
Source reference: para. 5They challenged the legality of the allotment of 0.90 acres of this Nazul land to Respondent No. 4, which occurred on July 10, 2025
Source reference: para. 5-6Previously, the Nazul Officer had rejected the petitioners' application under Section 131 of the CG Land Revenue Code, 1959, noting they had alternative access
Source reference: para. 6The State contended that revenue records from 2023-2024 showed the petitioners had transferred their land to third parties and were no longer Bhumiswamis at the time of the allotment, thereby lacking locus standi
Source reference: para. 6The petitioners contended in their rejoinder that despite selling portions of the land, they retained title over approximately 60 decimals
Source reference: para. 7Issues
1. Whether the petitioners possessed the locus standi to challenge the allotment of Government Nazul land to a third party
Source reference: para. 92. Whether the petitioners were entitled to interim relief regarding the access route across the disputed land
Source reference: para. 5, 9Law Applied
Section 131 of the Chhattisgarh Land Revenue Code, 1959, which governs the rights of way and other private easements over the boundaries of other lands
Source reference: para. 6The Court applied the principle of locus standi, requiring a petitioner to demonstrate a sufficient legal interest or ownership right in the subject matter to maintain a writ petition
Source reference: para. 6, 9Reasoning
The Court examined the revenue documents for the period 2023-2024 submitted by the State, which indicated that the subject land was recorded in the names of persons other than the petitioners
Source reference: para. 9The Court observed that at the time the government land (Khasra No. 243/1) was allotted to Respondent No. 4 in July 2025, the petitioners did not hold Bhumiswami rights or ownership over the adjacent land
Source reference: para. 9Despite the petitioners' claim in their rejoinder that they retained 60 decimals of land, the Court found that the current revenue records contradicted their assertion of ownership at the time of the cause of action
Source reference: para. 9Consequently, the Court determined that because the petitioners did not hold ownership rights when the allotment occurred, they failed to establish the requisite locus standi to maintain the challenge against the State's administrative action
Source reference: para. 9Holding
The High Court dismissed the writ petition at the threshold on the grounds of lack of locus standi
However, the Court granted the petitioners liberty to file a fresh petition should they be able to prove they still hold valid title to any specific portion of the subject land
Source reference: para. 9-10All pending interlocutory applications, including the prayer for interim relief, were disposed of accordingly
Source reference: para. 11Original Court PDF
RAM BHAGAT AGRAWALvsSTATE OF CHHATTISGARH
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in