Smt. Dhaneshwari Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 823 of 2016 Smt. Dhaneshwari Sahu W/o Laxman Sahu, Aged About 31 Years R/o Ward No. 20, Civil Line, Khamariya, Khairagarh, Tehsil Khairagarh, District Rajnandgaon Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Principal Secretary Urban Administration And Development Department, Mahanadi Bhawan, New Raipur Chhattisgarh

2. The Principal Secretary, Revenue Department, Mahandi Bhavan, New Raipur Chhattisgarh

3. The Municipal Council Khairagarh, Through The Chief Municipal Officer, Khairagarh, District Rajnandgaon Chhattisgarh

4. The Tahsildar, Tahsil Khairagarh, District Rajnandgaon Chhattisgarh ---- Respondents For Petitioner :

Mr. Rakesh Pandey, Advocate.

For State :

Mr. Ramakant Mishra, Dy. A.G.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 05/04/2016 Heard on admission.

1.

Challenge is made to notice dated 16.12.2015 (Anneuxre P/1) and order of Tahsildar dated 16.02.2016.

2.

Learned counsel for the petitioner submits that in the present case, the land has not been diverted and the petitioner is raising construction over the agriculture land, therefore, no permission of the local body would be necessary. He also submits that the Tahsildar has no jurisdiction to direct the petitioner to stop construction. 3.

The notice dated 16.12.2015 has been issued by the municipality constituted under Chhattisgarh Municipality Act, 1961.

4.

Learned counsel for the petitioner does not dispute that the remedy of statutory appeal is available to the petitioner under Section 307 of the Municipality Act, 1961 but he submits that instant petition has been filed as the order is wholly illegal.

5.

On the face of availability of alternative remedy of appeal, I am not inclined to entertain this petition and therefore, this petition is dismissed with liberty to the petitioner to file appeal before appropriate Forum.

Sd/- (Manindra Mohan Shrivastava) J U D G E Rekha