Sadhram Patel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR

1. Sadhram Patel S/o Pulang Patel Aged About 45 Years R/o Village Kumhari, Tahsil Kasdol, District Baloda Bazar Bhatapara Chhattisgarh

2. Rajesh Kumar Sahu S/o Dhaniram Sahu Aged About 27 Years R/o Village Kumhari, Tahsil Kasdol, District Baloda Bazar Bhatapara Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Panchayat And Rural Development, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh.

2. Collector Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh

3. Sarpanch Gram Panchayat Kumhari Tahsil Kasdol, District Baloda Bazar Bhatapara Chhattisgarh

4. Secretary Gram Panchayat Kumhari, Tahsil Kasdol, District Baloda Bazar Bhatapara Chhattisgarh ---- Respondent For Petitioners Mr. Santosh Kumar Sahu and Mr. AP Sharma, Advocate For Respondent /State Mr. VR Tiwari, Additional Advocate General with Mr. Vikram Sharma, Dy. GA Proceedings through Video Conferencing DB.: Hon'ble Mr. Prashant Kumar Mishra, Ag. C.J & Hon'ble Mrs. Rajani Dubey, J.

Order on Board by Prashant Kumar Mishra, Ag. C.J. 12/8/2021

1. Heard.

2. In this writ petition in the nature of PIL, the petitioner has prayed for a direction to the respondent authorities to stop construction on the land reserved for cremation ground.

3. Learned Additional Advocate General refers to Annexure R-1/4, which is an order passed by the SDO(R), Kasdol on 3.8.2021 holding that the resolution dated 24.11.2020 of the Gram Panchayat for raising construction over the subject land is not in accordance with law, therefore, it is set-aside. The SDO(R) has also observed that the subject land is reserved for cremation ground in the Nistar Patrakand the change of entries in the Nistar Patrak has already been rejected by the concerned Collector.

4. In view of the above, nothing survives in this petition and it is accordingly dismissed.

5.

The security amount of Rs.5000/- be refunded to learned counsel for the petitioner as per rules.

Sd/- Sd/- ( Prashant Kumar Mishra) (Rajani Dubey) Acting Chief Justice Judge Shyna