C. S. Mall v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 471 of 2020
1. C. S. Mall S/o Late Shri R.N. Mall Aged About 57 Years Resident Of- Plot No. 25, Street No. I, Triveni Nagar Bhilai, Tehsil And District- Durg Chhattisgarh,
2. C. P. Mall S/o Late Shri R. N. Mall Aged About 50 Years Resident Of- Plot No. 25, Street No. I, Triveni Nagar Bhilai, Tehsil And District- Durg Chhattisgarh, ---- Petitioner
Versus
1. State Of Chhattisgarh Through Secretary, Department Of Urban Administration And Development, Mahanadi Bhawan, Naya Raipur, District- Raipur Chhattisgarh,
2. Directorate Urban Administration And Development, Indravati Bhawan 4th Floor, Naya Raipur, District- Durg Chhattisgarh,
3. Collector Durg District- Durg Chhattisgarh,
4. Municipal Corporation Bhilai District- Durg Chhattisgarh,
5. Director Town And Country Planning, Raipur, District- Raipur Chhattisgarh
6. Joint Director Town And Country Planning, Bhilai, District- Durg Chhattisgarh,
7. Superintendent Of Police Durg, District- Durg Chhattisgarh,
8. Station House Officer Police Station- Supela, District- Durg Chhattisgarh
9. Smriti Grih Nirman Sahkari Sansthan Maryadit Bhilai Through Its President, Smriti Nagar Bhiali, District- Durg Chhattisgarh,
10. Rajeev Choubey President Of Smriti Grih Nirman Sahkari Sansthan Maryadit Bhilai, Through Its President, Smriti Nagar Bhilai, District- Durg Chhattisgarh,
11. Kamal Kishore Awasthi S/o Shri Ram Kripal Awasthi Aged About 52 Years Resident Of- M.I.G 1-166, Hudco Sector Bhilai, District- Durg Chhattisgarh,
12. State Of Chhattisgarh Through Secretary, Department Of Revenue And Disaster Management, Mahanadi Bhawan, Naya Raipur, District- Raipur Chhattisgarh, ---- Respondents For Petitioner :
Mr. Surfaraj Khan, Adv.
For Respondent/State 1 to 8 & 12 :
Mr. Sudeep Agarwal, Adv.
Hon'ble Shri Justice P. Sam Koshy Order on Board 19/06/2020
1. The challenge in the present writ petition was the alleged illegal encroachment of the government land by the private Respondents and an appropriate relief has been sought in the light of the Hon'ble Supreme Court's judgment in the case of Jagpal Singh & Ors. Vs. State of Punjab & Ors.
2. Today, when the matter is taken up, the Learned Counsel for the state submits that he has instructions to State that the authorities have constituted a committee on 30.01.2020 for looking into the alleged complaint that have been made by the petitioners.
3. Given the fact that the Committee has already been constituted and it is in the process of consideration of the complaint lodged by the petitioner, this Court is of the opinion that ends of justice would meet if the writ petition is disposed off leaving it upon the authorities to conduct an enquiry with regard to the illegal encroachment in the area and the area is made free from any sort of encroachment.
4. With the aforesaid observation, the writ petition stands disposed of. Sd/- (P. Sam Koshy) Judge Jyotijha