Suresh Ram Gupta v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 49 of 2021 Suresh Ram Gupta S/o Shri Mangal Ram Gupta Aged About 61 Years R/o Village Kasaiya, Police Station And Tahsil Gharghoda, District Raigarh, District : Raigarh, Chhattisgarh --- Petitioner

Versus

1. State of Chhattisgarh through Secretary Department of Nagriya Prashasan and Vikas Vibhag, Mahanadi Bhawan, Mantralaya, New Raipur , District Raipur Chhattisgarh.

2. Collector Raigarh District Raigarh Chhattisgarh.

3. Sub Divisional Officer (R) Gharghoda, Block Gharghoda, District Raigarh Chhattisgarh.

4. Tahsildar Gharghoda, District Raigarh Chhattisgarh.

5. Chief Municipal Officer Nagar Panchayat Gharghoda, District Raigarh Chhattisgarh.

6. Smt. Dropti Vishi W/o Omprakash Vishi Aged About 35 Years Occupation Agriculturist, Village Kasaiya, Police Station And Tahsil Gharghoda, District Raigarh Chhattisgarh.

7. Omprakash Vishi S/o Bharat Vishi Aged About 40 Years Occupation Agriculturist , R/o Village Kasaiya, Police Station And Tahsil Gharghoda, District Raigarh Chhattisgarh. --- Respondents For the Petitioners : Mr. Jeet Patel Advocate For the State : Mrs. Richa Shukla, Dy.Govt. Adv.

Hon'ble Shri Justice Goutam Bhaduri Order on Board .01.2021

1. Learned counsel for the petitioner submits that the construction of house by the Nagar Panchayat under Pradhan Mantri Awas Yojna was meant for respondent no.7. It is stated that the said construction was to be carried out over the land of Kh.No.384 whereas the construction has been made on Abadi Land bearing Kh.No.493/2 which would be evident from the report of Patwari. Under the circumstances,

the order of permission dated 01.07.2019 to construct on Kh. No.384 has not been followed. The petitioner submits that he may be given the liberty to make representation to the Chief Municipal Officer, Nagar Panchayat, Ghargoda so that necessary orders can be passed.

2. Considering the limited prayer made and looking to the time passed in between the period from 01.07.2019 till date, without any observation on merits, the petitioner is given liberty to make a representation before the Chief Municipal Officer, Nagar Panchayat, Gharghoda about the alleged illegal construction. If such representation is filed, then the same will be considered and decided within sixty days.

3. With the above observations/direction, this writ petition stands disposed of.

Sd/- GOUTAM BHADURI JUDGE R a o