-'•-^. ^ -^-4i® g ¥J ^^-?^"'^ .5f~^/^''^(> HIGH COURT OF CHHATTISGARH. BILASPUR Writ Petition (Art. 227) No.2221 of2011 PETITIONER/: (Applicant) RESPONDENTS/: (Applicants) Kirtan Bai, Wd/o Douvaram, aged about 68 years, R/o Village Paraswani, P.H. No.71, Ra.Ni.Man. Magarlod, Tahsil and District Dhamtari (C.G.) Versus 1. Bharatlal Sahu (Died and deleted) 2. Paras Ram Banjare, S/o Sahdevram, aged about not known, Village Panchayat Paraswani, 3. Narayan Ram, S/o Shatruhan Nishad aged about nofrknown, 4. Anjori Ram, S/o Dhelu Ram, aged about not known,Panch, 5. Sitaram, S/o Bhauram, aged about not known, Panch, 6. Ramcharan, S/o Hirau, aged about not known,Panch, 7. Smt. Sukhvantin Bai, W/o not known, aged about not known, 8. Devsingh (Died and deleted) 9. Smt. Sushila Bai, W/o Uday Singh, aged about not known, Ex-Panch, 10. Hemlal, S/o Shri Tularam, aged about not known, Ex-Panch, 11. Jogiram, S/o Pachkod Sahu, aged about not known, 12. Sagunram (Died and deleted) 13. Ishwarchand, S/o Maksudan Sahu, aged about not known, 14. Gopal, S/o Mangluram Kanwar, aged about not known, 15. Babbu (Died and deleted) i, 16. Latkhor, S/o Videshi Sahu, aged about not known, 17. Fagguram, S/o Magoli Dhruv, aged about not known, 18. Nathluram, S/o Sarju Sahu, aged about not known, 19. Makhan, S/o Johan Lohar, aged about not known, All are resident of Village Panchayat Paraswani, Tahsil Dhamtari, R.Ni.Man. Magarlod, District Dhamtari (C.G.) 20. State of Chhattisgarh, Through the Collector, Dhamtari, District Dhamtari {Writ petition under Article 227 of the Constitution of India} Present: ' Mr. P.P. Sahu, counsel for the petitioner. Mr. R.S. Patel, counsel for respondents No.2 to 7, 9, 10, 11, 14,17 and 19. Mr. Vinod Kumar Tekam, Panel Lawyer for the State/respondent No.20. Sinale Bench: Hon'ble Mr. T.P. Sharma, J ORAL ORDER (2-8-2011) 1. Mr. R.S. Patel submits that respondents No.1, 8, 12 & 15 died and he is not representing respondents No.13,16 & 18. 2. Respondents No.1 to 19 hereinhad filed appeal before the Board of Revenue, as villagers of Village Paraswani, for consideration of lease allotted to the petitioner herein. 3. 'As jnformed by Mr. R.S. Patel, on account of death of respondents No.1, 8, 12 & 15, counsel for the petitioner is directed to delete their names from the array of cause title, during the course of the day. 4. I have heard learned counsel for the parties, perused the order impugned dated 1-2-2011 passed by the Board of Revenue, Bilaspur s-~.^^ 'v-. (Circuit Court Raipur) in Revenue AppealNo.A/04/R/A-59/356/2007 and copies of other orders. 5. As per case of the parties in the nutshell, the petitioner herein was encroacher of Government land which has been allotted to her by the Collector on the basis of report of Naib Tahsildar, samewas challenged before the Board of Revenue and the Board of Revenue has reversed the order of allotment on the ground that no opportunity of hearing to the Gram Sabha has been provided. 6. Definitely, the land belonging to the village has been allotted to the petitioner. Therefore, opportunity of hearing to the Gram Sabha and the villagers was necessary, but without providing such opportunity the order passed by the Collector was not proper and the Board of Revenue has rightly reversed the order. However, considering the fact that the order has been reversed on the ground that no opportunity of hearing has been provided to the Gram Sabha, the order passed by the Board of Revenue 1-2-2011 is hereby set aside. The case is remitted back to the Court of Additional Collector, Dhamtari for providing opportunity of hearing to the Gram Sabha and to pass order afresh. No order as to costs. <y' 7. The petition stands disposed of. Sd/- T.P. Sharma judge Soma 1