Asin Advin v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 580 of 2019 • Asir Advin S/o Shri Asir Rajamani Aged About 52 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 Public Works Division, Sub Division 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. Rajesh Singh, Dy. GA For Respondent /Corporation Mr. HB Agarwal, Senior Advocate with Ms. Prabha Sharma, Advocate Order On Board By Hon'ble Mr. Justice Prashant Kumar Mishra 20/2/2019

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