Ashwini Kumar Khanna v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 853 of 2017 • Ashwini Kumar Khanna S/o Late Shri Gyanchand Khanna, Aged About 58 Years R/o Rasmada, H. No. 4, Tehsil And District Durg (Chhattisgarh).

---- Petitioner

Versus

1. State Of Chhattisgarh Through : Collector, Durg District Durg (Chhattisgarh).

2. Sub Divisional Officer (Revenue), Office Of Sub Divisional Magistrate, Durg, Tehsil And District Durg (Chhattisgarh).

3. Tehsildar, Durg, Tehsil And District Durg (Chhattisgarh).

4. Gram Panchayat, Rasmada, Through Its Sarpanch, Tehsil And District Durg (Chhattisgarh).

---- Respondents For Petitioner :

Shri Prasoon Agrawal, Advocate For State :

Shri R.K. Gupta, Dy. Advocate General Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 06/04/2017

1. Heard on admission.

2. This petition has been filed by the petitioner seeking diretion to take appropriate actions against the respondents/authorities in accordance with law.

Learned counsel for the petitioner submits that without following the procedure prescribed under the law and even though the petitioner had full authority to raise construction on the land duly allotted to him, the respondents-authorities have initiated demolition proceedings.

3. On petitioner own showing, against the notice dated 22/02/2017 of Gram Panchayat, Rasmada the petitioner filed a suit seeking declaration and injunction along with application for temporary

injunction, which was rejected by the learned trial Court on 27/02/2017 which shows that the petitioner has already availed the civil remedy, therefore, in these circumstance, I am not inclined to entertain this petition. It will be open for the petitioner to take such remedy as may be available under the law in the pending proceeding. Sd/- (Manindra Mohan Shrivastava) Judge Kamde