Shri Engineers And Builders Private Limited v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 452 of 2016 Shri Engineers And Builders Private Limited Panchamrit Bhawan, Bramha Road, Registration No. U- 45200- P T C O- 2042 Ambikapur, Through Its Managing Director, Kant Dubey S/o Shri Ramanuj Dubey, Aged About 50 Years, R/o Bramh Road, Ambikapur P.S. And Tahsil Ambikapur, District Surguja (Chhattisgarh). ---- Petitioner

Versus

State Of Chhattisgarh Through - The Collector, Ambikapur, District Surguja (Chhattisgarh) ---- Respondent For Petitioner :

Shri Sunil Tripathi, Advocate For Respondent/State :

Shri B. Gop Kumar, Dy.A.G., on advance copy S.B.:

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 17/02/2016

1. This petition has been filed by the petitioner aggrieved by inaction on the part of the respondent authority in not taking decision on petitioner's application under Section 165 (6-a) of the Land Revenue Code in the matter of grant of permission for sale of subject land situated in the scheduled area.

2. As per the averments in the petition, the application was filed on 25.2.2010 and more than 5 years have elapsed, petitioner has submitted repeated applications also, but no decision has been taken on this application.

3. Once there is an application seeking direction, the competent authority/respondent-Collector is required to decide the same in accordance with the provision of the law and the application cannot be kept pending for indefinite period.

-24. In that view of the matter, at this stage, this petition deserves to be disposed off with a direction to respondent-Collector Ambikapur to decide petitioner's application one way or the other within a reasonable period. Let it be done within a period of 3 months from the date of receipt of copy of this order.

5. The petition is accordingly finally disposed off. Sd/- (Manindra Mohan Shrivastava) Judge Praveen