Victor D. Samual v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 392 of 2019 • Victor D. Samual S/o Shri S. Velu Aged About 53 Years R/o Purani Basti, Kurud Road, Kohka, Near Puri ITI, Bhilai, Tahsil And District- Durg, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Public Works Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, District- Raipur, Chhattisgarh.

2. The Executive Engineer, Public Works Department, Durg Division, District- Durg, Chhattisgarh

3. The Sub- Divisional OfÏcer Through Public Works Division, SubDivision No. 3, Durg, District- Durg, Chhattisgarh.

4. The Municipal Corporation, Durg Through Commissioner, District- Durg, Chhattisgarh ---- Respondent For Petitioner Mr. Avinash Chand Sahu, Advocate For Respondent/State Mr. Anmol Sharma, Panel Lawyer For Respondent / Corporation Mr. Pankaj Agarwal, Advocate Order On Board By Hon'ble Mr. Justice Prashant Kumar Mishra 6/2/2019

1. Heard.

2. By Notice-Annexure P/1, the petitioner has been directed to remove the encroachment from the Government land.

3. Learned counsel for the petitioner would submit that the

petitioner has raised construction on his own land and is not an encroacher.

4. Let respondent No.3 conduct demarcation of the subject land along with adjoining lands with the help of concerned Revenue Inspector in the presence of the petitioner and the owners of the adjoining lands.

5. The demarcation shall be carried on within one month and thereafter, if the petitioner is found to have encroached any parcel of the Government land, the respondents would be at liberty to remove the encroachment.

6. Till the demarcation is carried out, there shall be status quo on the subject land.

7. The writ petition is disposed of.

Sd/- (Prashant Kumar Mishra) Judge Shyna