High Court Of ChhattisgarhWPC/108/2021disposed off

Budhman Ram Sahu v. State Of Chhattisgarh

2021-01-14Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 108 of 2021 • Budhman Ram Sahu S/o Late Natthu Ram Sahu Aged About 70 Years R/o Village Gidhauri, Post Dadar Kala, Tahsil Kartala, District Korba, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary Department Of Revenue, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Riapur, Chhattisgarh

2. Collector Korba, District Korba, Chhattisgarh

3. Sub Divisional Officer Kartala, District Korba, Chhattisgarh

4. Tahsildar Kartala, District Korba, Chhattisgarh

5. Chief Executive Officer Janpad Panchayat Kartala, District Korba, Chhattisgarh

6. Gram Panchayat Gidhauri Through Sarpanch, Gram Panchayat Gidhauri, Tahsil Kartala, District Korba, Chhattisgarh

7. Rozgar Sahayak Gram Panchayat, Gidhauri, Tahsil Kartala, District Korba, Chhattisgharh ---- Respondents For Petitioner :

Shri Shashank Thakur, Advocate For Respondents/State :

Ms. Richa Shukla, Dy. GA Hon'ble Shri Justice Goutam Bhaduri Order 14/01/20

1. Heard.

2. Learned counsel for the petitioner would submit that a pond was sanctioned to be excavated over the land bearing Khasra No.254 in village Gidhauri whereas petitioner's land bearing Khasra No.120 & 121 which is adjacent to the said

land, the excavation is been started in the said land. He would further submit that the petitioner made request to demarcate his land, however, the same is not been heard and till date the construction is being carried out by the respondents No.6 & 7.

3. Considering the tenor of the letter Annexure P-5 dated 05.12.2020 wherein the CEO, Janpad Panchayat, Kartala has asked the Tehsildar to demarcate the land and at the same time has directed the Gram Panchayat to stop the excavation of the pond, it is directed that the excavation of the pond shall not further be carried out till the demarcation is made in respect of the land of the petitioner. After demarcation is carried out further excavation of the pond may be carried out on the land bearing Khasra No.254.

4. With the aforesaid observation, the writ petition stands disposed of. SD/Sd/-- Goutam Bhaduri Judge Ashu