Sarpanch v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (C) NO. 434 OF 2020 Sarpanch, Gram Panchayat, Barela, Janpad Panchayat, Mungeli, District Mungeli (CG) ... Petitioner versus 1.

State of Chhattisgarh, through the Secretary of Revenue Department, Mantralaya, Atal Nagar, New Raipur, District Raipur, Chhattisgarh. 2.

Collector. District Mungeli, Chhattisgarh.

3.

Tahsildar, Tahsil Mungeli, District Mungeli, Chhattisgarh. 4.

Nayab Tahsildar, Jarhaganw, Tahsil Mungeli, District Mungeli, Chhattisgarh. 5.

Basant Gupata S/o Late Badri Prasad, aged about 56 years, R/o Ward No. 7, Gupta Mohalla, Takhatpur, Tahsil Takhatpur, District Bilaspur, Chhattisgarh. 6.

Rajendra Gupta S/o Late Badri Prasad, aged about 52 years, R/o Ward No. 7, Gupta Mohalla, Takhatpur, Tahsil Takhatpur, District Bilaspur, Chhattisgarh. ... Respondents For Petitioner :

Mr. Mirza Haffiz Baig, Advocate For Respondents/State :

Mr. P. Acharya, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 30/01/2020 1.

The limited grievance that the petitioner has sought for in the present writ petition is for an appropriate direction to respondents no. 2 to 4 to take appropriate steps for ensuring compliance of the order dated 16.8.2013 (Annexure P-1). 2.

The petitioner draws the attention of this Court towards the order dated 3.7.2017 passed by the Division Bench of this High Court in WP (PIL) No. 20/2017 wherein based on the affidavit submitted by the District Collector, District Mungeli, the Division Bench had directed the Collector to follow due action in accordance with applicable laws and it was further directed that respondents no. 2 to 4 therein will do the needful to take all such actions at the earliest within an outer limit of 8 weeks for removing all sorts of illegal and unauthorized occupations on government land. It appears that there has been no further development or action taken by the respondents in this regard. 3.

Given the fact that there is already an order of by the respondent no.4 and also a direction given by the Division Bench, this Court is of the opinion that nothing further remains to be adjudicated upon in the present writ petition except for action to be taken by the respondents no. 2 to 4 in accordance with law.

4.

Given the said facts, the writ petition is disposed of directing the respondents no. 2 to 4 to make strict compliance of the order dated 3.7.2017 passed by the Division Bench in WP (PIL) No. 20/2017 and to also ensure that the order dated 16.8.2013 (Annexure P-1) passed by respondent no.4 is acted upon at the earliest. 5.

Let compliance be done within a period of two months from the date of receipt of copy of this order.

6.

The writ petition accordingly stands disposed of. Sd/- (P. Sam Koshy) Judge /sharad/