Ram Avtar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 222 of 2017 • Ram Avtar S/o Late Kaliram, Aged About 50 Years R/o Kohka, Tata Line, Ward No. 8, Road No. 4, Thana Smriti Nagar, Bhilai, Tahsil, Civil And Revenue District Durg (Chhattisgarh).

---- Petitioner

Versus

1. State Of Chhattisgarh Through : The Department Of Revenue, Mahanadi Bhawan, Naya Raipur, District Raipur (Chhattisgarh).

2. The Collector, Durg, District Durg (Chhattisgarh).

3. The Sub Divisional Officer, Durg, District Durg (Chhattisgarh).

4. The Tahsildar, Durg, District Durg (Chhattisgarh).

5. Superintendent Of Police, Durg, District Durg (Chhattisgarh).

6. The Station House Officer, Police Station Chhawni, District Durg (Chhattisgarh).

7. Smt. S. Jayasudha, W/o S. Swaminathan Ayyer, Aged About 50 Years, R/o Block 12/ A, Plot No. 7, Nehru Nagar, Bhilai, Tahsil And District Durg (Chhattisgarh).

---- Respondents For Petitioner Shri Punit Ruparel, Advocate For Respondent-State Shri R. K. Mishra, Dy. AG Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 01/02/2017

1.

Petitioner has preferred this petition for issuance of direction to the respondent No.7 to remove encroachment made on petitioner's property.

2.

The respondent No.7 is an individual and not the State Government or any other authority, therefore, the petition is not maintainable, because writ cannot be issued against an individual.

3.

The petitioner has the remedy of preferring a suit for recovery of possession. If so advised, the petitioner may prefer such suit before the jurisdictional Civil Court. 4.

The writ petition is dismissed as not maintainable. Sd/- JUDGE PRASHANT KUMAR MISHRA Nirala