Reshamlal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 59 of 2016

1. Reshamlal S/o Jagatram Satnami, Aged About 42 Years Resident Of Village Dhurwakari, Tahsil And P.S. Masturi, District Bilaspur (Chhattisgarh).

2. Mohanmati, W/o Reshamlal Aged About 35 Years Resident Of Village Dhurwakari, Tahsil And P.S. Masturi District Bilaspur (Chhattisgarh). ---- Petitioners

Versus

1. State Of Chhattisgarh Through : The Secretary, Department Of Revenue, Mahanadi Bhawan New Mantralaya Naya Raipur (Chhattisgarh)

2. Collector, Bilaspur, District Bilaspur (Chhattisgarh).

3. Tahsildar, Tahsil Masturi, District Bilaspur (Chhattisgarh).

4. Sarpanch Of Gram Panchayat Dhurwakari, Tahsil And P.S. Masturi, District Bilaspur (Chhattisgarh).

---- Respondents For Petitioners :

Shri SK Guha, Advocate For Respondents-State :

Shri RK Gupta, Dy. AG for the State Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 13/01/2016

1. Learned counsel for the petitioners would submit that on the complaint of respondent No.4, Sarpanch of Gram Panchayat Dhurwakari, respondent No.3 has demolished part of the construction raised by the petitioner and is likely to demolish the remaining structure.

2. Perusal of the photographs Annexure P-2 would depict that the construction is made on the open space which appears a part of the ground of the village School. Whether or not the construction is made on the government land

shall be ascertained by the Tehsildar by carrying out demarcation within a period of 15 days from today. If the construction is found to be carried out on any government land, the Tehsildar would be at liberty to demolish the structure within a further period of six weeks.

3. Accordingly, the writ petition stands disposed of. Sd/- Judge Prashant Kumar Mishra ashu