Mukesh Kumar Agrawal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No. 536 of 2020 Mukesh Kumar Agrawal S/o Late Rameshwar Das Agrawal, Aged About 40 Years, R/o Surajpur, P. S. And Tahsil Surajpur, District Surajpur Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Urban Administration Development Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh

2. Collector Surajpur, District Surajpur, Chhattisgarh

3. Sub Divisional Officer Surajpur, District Surajpur, Chhattisgarh

4. Tahsildar, Tahsil Surajpur, District Surajpur, Chhattisgarh

5. Chief Municipal Officer Surajpur, District Surajpur, Chhattisgarh

6. Nisar Ahmad S/o Late Rahamatullah, Aged About 65 Years, R/o Mandi Road, Surajpur, District Surajpur, Chhattisgarh

7. Ali Ahmad S/o Late Amanullaha, Aged About 40 Years, R/o Masjidpara, Surajpur, District Surajpur, Chhattisgarh

8. Matukdhari S/o Samaylal, R/o Ward No. 06, Surajpur, District Surajpur, Chhattisgarh ---- Respondents For Petitioner :

Mr. C. Jayant K. Rao, Advocate For State :

Mr. P. Acharya, P.L.

Hon'ble Shri Justice P. Sam Koshy Order On Board 05.02.2020

1. The limited relief that the petitioner has sought in the present writ petition is for an appropriate direction to the respondents 2 to 4 to take appropriate steps for ensuring compliance of the order dated 23.06.2017.

2. Counsel for the petitioner submits that the respondents 6 to 8 in the instant case have encroached upon certain Govt. land and in the process have blocked the road causing difficulty to the persons to have access to their properties through the said road. He further submits that on 23.06.2017 the respondent no.4 in fact had found the private respondents encroached upon the Govt. land and also asked them to remove the encroachment part but till date no further action has been initiated and therefore, the nuisance still persists.

3. Given the facts and circumstances of the case, particularly taking into consideration the proceedings drawn by the respondent no.4 and the order passed on 23.06.2017, this Court is of the opinion that ends of justice would meet if the respondents 2 to 4 are directed to ensure that the order passed by the respondent no.4 is honoured in its letter and spirit and appropriate steps in this regard are taken in accordance to law. The respondents 2 to 4 are directed to ensure compliance at the earliest preferably within a period of 2 months from the date of receipt of copy of this order.

Sd/- P. Sam Koshy Judge Khatai