Jagdish Agrawal v. State Of C.G. And ORS

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR SA No.299 of 2012 • Jagdish Agrawal, S/o Late Sukhdev Prasad Agrawal, Aged About 60 Years, Village, Tahsil And Distt. Mahasamund, Chhattisgarh ---- Appellant

Versus

1.State of Chhattisgarh, through Collector, Mahasamund, Distt. Mahasamund, Chhattisgarh 2.Municipal Council, Mahasamund through its Chief Executive Officer, Municipal Council, Mahasamund, Distt. Mahasamund, Chhattisgarh ---- Respondents For Appellant Mr. Manoj Paranjpe, Adv.

For Respondent-State Mr. R. K. Bhagat, Dy. GA Hon'ble Justice Shri Sanjay K. Agrawal Order On Board 23/03/2021 1.

At the outset, Mr. Paranjpe, learned counsel for the appellant, submits that the suit was filed only for permanent injunction restraining the defendants from entering into the land of the plaintiff and from interfering with the possession of the

plaintiff and further restraining by not raising construction over the government land bearing Khasra No.1931 & 1932 for 12 feet wide path, which is being used by the appellant and other villagers as a pathway.

He further submits that the Revenue Authority has already granted access to the appellant in exercise of power under Section 131 of the Chhattisgarh Land Revenue Code, 1959. As such, no cause of action survives.

2.

The statement made by Mr. Paranjpe is taken on record.

3.

In view of the statement made, the second appeal finally stands disposed off.

Sd/- Sanjay K. Agrawal Judge Nirala