Fulsita And ORS. v. State Of Chhattisgarh And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP(C) No. 520 of 2015 • Fulsita, D/o Late Shri Premsai, aged About 40 years • Carmela, D/o Late Shri Premsai, aged About 30 Years • Sukhni, Wd/o Late Shri Premsai, aged About 80 Years All the petitioners No.1 to 3 are the residents of Village- Gangapur Khurd, Gram Panchayat - Vishnunpur, Tehsil- Ambikapur, District Surguja (C.G.) ---- Petitioners

Versus

• State Of Chhattisgarh Through Chief Secretary, Government of Chhattisgarh, Mahanadi Bhawan, Mantralaya, Capital Complex, Naya Raipur District Raipur (C.G.) • District Collector, Ambikapur, District- Surguja (C.G.) • Sub Divisional Officer (Revenue), Tehsil- Ambikapur, District- Surguja (C.G.) • Tehsildar, Tehsil- Ambikapur, District- Surguja (CG.) • Chhattisgarh State Industrial Development Corporation Limited, First Floor, Udyog Bhawan, Ring Road No.1, Telibandha Raipur (C.G.) PIN- 492006 ---- Respondents For Petitioners Shri Shishir Dixit, Advocate For Respondent/State Shri Gary Mukhopadhyay, Dy. GA For Respondent No.5 Shri Kashif Shakeel, Advocate Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 26/03/2015

1.

Petitioners are aggrieved by the notice issued to them by respondent No.5 asking them to vacate the area in their possession on the ground that the said area has been alloted to respondent No.5 for establishment of New Industrial Area in Gangapur Khurd, Ambikapur, District Surguja (C.G.). 2.

Petitioners are raising a dispute that they are the owners of the land and a different land is alloted to the CSIDC.

3.

If the petitioners make an application for demarcation within a period of four weeks from today before the competent Revenue Court, the said Revenue Court shall demarcate the area allotted to respondent No.5 and if it is found that the petitioners have encroached on the area allotted to respondent No.5, the competent authority shall initiate proceeding for evicting the petitioners.

4.

The demarcation shall be completed within a period of one month from the date of submission of application and the process of eviction shall be completed within a period of three months thereafter. Thus the needful may be done within three months from the date of completion of proceeding for demarcation.

5.

If it is found that the petitioners are the owners of the area allotted to respondent No.5, the said respondent may apply before the appropriate government for consequential orders.

6.

Accordingly, the writ petition is disposed of. JUDGE Nirala