Gajanand Agrawal vs State Of Chhattisgarh

Heard Mr. Ranbir Singh Marhas, learned counsel, appearing for the appellants/writ petitioners. Also heard Mr. Raghavendra Pradhan, learned Additional Advocate General, appearing for the respondents No. 1 to 3 and 5 as well as Mr. Harshmandar Rastogi, learned counsel, appearing for the respondents No. 4.

This writ appeal is presented against an order dated 12.06.2020 passed by the learned Single Judge in WPC No. 1234/2020.

In the writ petition, it is stated that the petitioners were doing timber business and were having temporary lease granted by the Collector, Bilaspur – respondent No. 3. The writ petition was filed in the wake of notices dated 11.06.2020 having been issued by the respondent No. 5 under Section 248(1) of the Chhattisgarh Land Revenue Code, 1959, asking them to vacate the premises by 12.06.2020. In the writ petition, the following prayers were made:

“10.1 That, this Hon’ble Court may be pleased to call for the records of the case from the custody and possession of the respondents for its kind perusal.

10.2 That this Hon’ble Court may be pleased to set aside the impugned notices (P/1).

10.3 This Hon’ble Court may be pleased to issue appropriate direction to the respondents to consider the grant of permanent lease of the land to the petitioners which they were in possession and peaceful enjoyment for a long time.

10.4 That this Hon’ble Court may be pleased to restrain the respondents from taking any forceful action against the petitioners without following the due process of law.

10.5 That this Hon’ble Court may be pleased to direct the respondents to relocate the petitioners after providing land and shop equal to the area they are in possession from out of the vacant nazul land in the same locality, if such re-location is inevitable.

10.6 This Hon’ble Court may further be pleased to issue any other/ further appropriate orders or directions in favour of the petitioner and against the respondents in the interest of justice.”

A perusal of the order under assailment in this appeal goes to show that two-fold submissions were advanced before the learned Single Judge:

(i) respondents should have first considered grant of alternative suitable land to the petitioners and (ii) they should have granted some reasonable time to the petitioners before any coercive steps for removing from the land were initiated. It was submitted that the petitioners received notice only in the second-half of 11.06.2020.

The learned Single Judge, with regard to the prayer made for grant of alternative suitable land, observed that the petitioners may approach the respondent No. 3 and in that event, the respondent No. 3 would consider the same in accordance with the extant rules, regulations etc., expeditiously. It was observed that seven days’ time be granted by the respondent No. 4 to enable the petitioners to shift before any coercive action is taken.

Mr. Marhas submits that pursuant to the order of the learned Single Judge, the appellants approached the respondent No. 3 for grant of alternative land. However, the same was turned down by an order dated 22.07.2020, as against which the appellants had taken recourse to filing of an appeal before the Court of the Commissioner, Bilaspur Division, Bilaspur, which is listed for hearing on 29.03.2023. Though such application was filed before the Collector, the appellants had also preferred this appeal on 23.06.2020. He submits that the appellants had been evicted from the area in their possession on 27.06.2020 without any further notice being given and without there being an order of eviction.

The fact remains that the appellants did not shift within the period of seven days as granted by this Court.

Having regard to the submissions advanced before the learned Single Judge and taking note of the fact that the appellants have been evicted, we are of the opinion that there is no surviving issue in this appeal and accordingly, the same is dismissed. The appellants, however, are at liberty to pursue their remedy for alternative accommodation in accordance with law.