Facts
The petitioners claim to be in continuous, peaceful, and uninterrupted possession of land bearing Khasra No. 1140 (8.694 hectares) in Village Gidhori, Korba, for approximately 60–70 years
Source reference: para. 2Although the land is recorded as Government waste land, the petitioners maintain residential houses and cultivate paddy crops thereon
Source reference: para. 2Under the State Government’s "Narwa, Garuwa, Ghuruwa & Badi" scheme, specifically the "Garuwa" component for constructing cow shelters (Gothans), Respondent No. 3 identified the subject land for construction despite it being occupied and disputed
Source reference: para. 2Construction activities, including fencing and dumping of materials, commenced in 2020, prompting the petitioners to file representations and subsequently this writ petition seeking to restrain the construction and remove existing structures
Source reference: paras. 1, 3Issues
1. Whether the respondents’ construction of a Gothan on land claimed to be in the settled possession of the petitioners is arbitrary and illegal?
Source reference: para. 1.2–32. Whether the writ petition survives for adjudication following the State’s discontinuation of the underlying government scheme?
Source reference: paras. 4–5Law Applied
The court's decision turned on the administrative principle regarding the cessation of a cause of action. It considered the State's policy decision to discontinue the "Gothan Scheme" introduced by the previous administration
Source reference: para. 4The court applied the procedural doctrine of "infructuous" litigation, which holds that a case loses its underlying legal dispute when the challenged action or policy is withdrawn or ceases to exist, thereby rendering a judicial decision unnecessary
Source reference: para. 5Reasoning
The petitioners argued that the identification of their occupied land for the Gothan scheme was factually erroneous and infringed upon their settled possession and agricultural rights
Source reference: paras. 2–3The State counsel clarified that the Gothan Scheme had been officially discontinued by the current government, and consequently, all construction activities pursuant to that specific scheme had ceased
Source reference: para. 4The Court reasoned that since the primary grievance—the construction of a cow shelter under a specific government mandate—was no longer being pursued due to the scheme's termination, the cause of action as originally pleaded did not subsist
Source reference: para. 5The Court found that the factual basis for the writ had evaporated, rendering the prayers for injunctive relief moot
Source reference: para. 5Holding
The High Court of Chhattisgarh held that the petition was rendered infructuous due to the discontinuation of the Gothan Scheme
The Court disposed of the petition without addressing the merits of the petitioners' claim to the land
Source reference: para. 6The Court granted the petitioners liberty to avail themselves of appropriate legal remedies if any other grievances regarding their possession or the land's status remain
Source reference: para. 6Original Court PDF
CHATUR SINGHvsSTATE OF CHHATTISGARH
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