Alvinus Panna v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WA No. 64 of 2018 • Alvinus Panna S/o Shri Pitrus Panna, Aged About 56 Years R/o Nava Para, Ambikapur, Police Station And Tahsil- Ambikapur, District- Sarguja, Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Revenue And Epidemic Department, Mahanadi Bhawan, Raipur, DistrictRaipur, Chhattisgarh.

2. The Collector, Sarguja , District- Sarguja, Chhattisgarh.

3. The Tahsildar (Nazul) Ambikapur, District- Sarguja, Chhattisgarh.,

4. The Nazul OfÏcer Ambikapur, District- Sarguja, Chhattisgarh., ---- Respondent For Appellant Mr. Rishi Rahul Soni, Advocate For Respondent /State Mr. Y.S. Thakur, Additional Advocate General DB.:

Hon'ble Mr. Justice Prashant Kumar Mishra & Hon'ble Mr. Justice Ram Prasanna Sharma Order On Board By Prashant Kumar Mishra, J.

9/3/2018

1. Heard.

2. While dismissing the appellant/petitioner's writ petition, the learned Single Judge has also directed that the matter concerning fixation of the amount of premium and annual lease

rent should be considered and decided by the Government expeditiously within a period of 3 months.

3. Undeniably, the appellant is an occupant of the same land as an encroacher, over which, the proceedings for allotment is under process in his favour. As a matter of fact, an order of allotment has already been made subject to payment of premium and annual lease rent, to which, the appellant has objected on the ground that the same has been fixed exorbitantly.

4. In the above admitted fact and situation, the learned Single Judge has rightly refused to interfere with the proceedings under Section 248 of the C.G. Land Revenue Code, 1959.

5. The appellant may pursue his application for reducing the amount of premium and annual lease rent, as directed by the learned Single Judge.

6. The writ appeal is accordingly disposed of. Sd/- Sd/- Judge Judge (Prashant Kumar Mishra) (Ram Prasanna Sharma) Shyna