Authorities must decide the pending lease application within 60 days and refrain from coercive action meanwhile.

The petitioners, residents of Gram Panchayat Saloni, Tahsil Abhanpur, District Raipur, challenged the proposed allotment of Khasra No. 40/1, Village Saloni, for the Rajeev Nagar Awas Yojna and sought ownership rights/patta over the land.

They also sought rejection of the Chhattisgarh Housing Board’s application for allotment and consideration of their pending application for grant of lease, stated to have been filed in 2021.

At the hearing, the petitioners sought disposal of the writ petition with liberty to pursue their pending application for grant of lease.

The Chhattisgarh Housing Board opposed the request, contending that the petitioners were unauthorised occupants.

Whether the petitioners should be permitted to pursue their pending application for grant of lease/patta in respect of Khasra No. 40/1, Village Saloni?

Whether the concerned authorities should be directed to decide the petitioners’ lease application within a specified period and refrain from taking coercive action during that period?

Whether the writ petition should be finally disposed of without adjudicating the petitioners’ substantive claim to ownership or patta?

The Court applied the principle that, where a statutory or administrative application concerning grant of lease or patta is pending before the competent authorities, the High Court may dispose of a writ petition by directing expeditious consideration and decision of that application, without expressing any opinion on the merits of the claim.

The Court also applied the principle that interim protection against coercive action may be granted for a limited period to preserve the petitioner’s opportunity to obtain a decision from the competent authority.

The petitioners did not press for immediate adjudication of their ownership claim and instead sought liberty to pursue their pending lease application.

Although the Housing Board contended that they were unauthorised occupants, the Court did not determine that disputed factual or legal question.

It considered it appropriate for the competent authorities to examine and decide the application in accordance with law.

Consequently, the Court directed expeditious consideration within 60 days and granted limited protection against coercive steps during the pendency of the application or for 60 days, whichever was applicable.

The concerned authorities were directed to consider and decide the application expeditiously, preferably within 60 days from receipt of a copy of the order.

They were further directed not to take coercive steps against the petitioners for 60 days or until the application was decided, whichever occurred earlier.

The Court did not grant ownership rights or patta and did not set aside the proposed allotment.