HIGH COURT OF CHHATTISGARH, BILASPUR w. P (c y No. 7524 of 2009 PETITIONER Kotwar Association of Chhattisgarh, R.No.4O Tahsil Branch, Aarang, Distt. Raipur, through its President Sewakdas Manikpur, s/o Sukudas, aged about 50 years, occupation Kotwar, R/o village Chhatora, Post Mandir Hasod, Tahsil Aarang, Distt. Raipur (CG). Vs. RESPONDENTS 1. State of Chhattisgarh, through Secretary, Department of Revenue, Mantralaya, D.K.S. Bhawan, Raipur (C.G)‘ 2. Collector, Raipur, Distt. Raipur (CG). Sub-Divisional Officer (Revenue), Raipur, Distt. Raipur (C.G). 4. Chief Executive Officer, New Raipur Development Authority, Telibandha Jedhi Vila, Near National Garage, Ring Road, Raipur, Distt. Raipur (C.G). 5. Nazul Officer, Capital Area Development Authority, Raipur (C.G). WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION > OF INDIA Appearance: Miss Deepali Pandey, counsel for the petitioner. Mr. A. S. Kachhawaha, Deputy Advocate General, for the State/respondent no.1 to 3 & on advance copy. ORAL ORDER (12.01.2010) SUNIL KUMAR SINHA, J, Heard. The petitioner is shown to be an Association of Kotwars of Chhattisgarh. It has filed this writ petition for the following relief(s) : " 10. RELIEF(S) SOUGHT " 2 W W.P(C). No.7524/2009 The petitioner most humbly prays fof the following relief(s) 10.1 That the Hon’ble Court be pleased to direct respondent no. 1 to consider/ decide the representation/ application dated 08/ 11/2009 of the Petitioner Kotwars Association of Chhattisgarh for granting the facilities and allot land as the other displaced persons in compliance of the directions of the Idea Rehabilitation Policy of Chhattisgarh State 2007 (Annexure P—3). 10.2 That, the petitioner therefore prays for direction to the respondents to grant the facilities and allot land as the other displaced persons in compliance of the directions/provisions of the Ideal Rehabilitation Policy of Chhattisgarh State, 2007. 10.3 That, any other relief(s) Which this Hon’ble Court deems fit in the present facts and circumstances of the case may kindly be granted.” Thus, the petitioner Association: in substance, is praying for issuance of a direction t0 decide their'joint representation dated 08’1 1.2009 for grant of facilities and allotment of land as the other displaced persons as per the Ideal Rehabilitation Policy 2007 (Annexure P~3). \ Ku. Deepali Pandey, learned counsel for the petitioner argues that as per the provisions of Clause 4.1.6 of the Policy, a decision has been taken that no compensation of service land would be given to the Kotwars, however, atythe time of allotment of . the plots and granting other benefits, their cases shall also be considered as the cases of other displaced persons, but nothing has been done in the interest of Kotwars of the State though the application in this regard has been made vide Annexure P—7. On the other hand, Mr. A.S. Kachhawaha, learned Deputy Advocate General appearing on behalf of the State argues that no decision can be taken collectively in favour of the association on the basis of the policy decision of the State, referred to by the counsel for the petitioner as the revenue laws of the land would / v a g W.P(C). No.7524/2009 come in the way of allotment or grants Elaimed to be made in ,favour of the members of the petitioner association. He also submits that if the individual applications by the members of the petitioner are tiled before the Competent Authority in accordance with the relevant provisions of land revenue laws, these may be considered and decided by the concerned authority of the State. After hearing the learned counsel for the parties, I am of the opinion that this writ petition may be disposed of with the liberty to the members of the petitioner association to file their individual applications before the concerned authority and the concerned authority is directed to dispose of their applications in accordance with the State Rehabilitation Policy as’also the revenue laws of the State. Accordingly, this writ petition is disposed of with a direction that if so advised, the members of the Association may flle their individual applications before the concerned authority in accordance with law for grant of Patta/ allotment of land and if such applications are filed, they shall be disposed of by the concerned authority in accordance with the revenue laws and also keeping in mind the provisions of the State Rehabilitation Policy, 2007. With the above observations/directions, this writ petition stands finally disposed of at the motion stage itself.///> / sal- ' Kumar Si‘ma Judge Suni‘ Rao /