High Court Of ChhattisgarhWPC/1600/2016disposed off

Gram Panchayat Gandaikala v. State Of Chhattisgarh

2016-06-27Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1600 of 2016 • Gram Panchayat Gandaikala A Body Incorporated Under The Relevant Provisions Of Chhattisgarh Panchayat Rajya Adhiniyam, 1993, Through Its Sarpanch Narendra Kumar, Son Of Shri Suraj, Aged 34 Years, R/o Gandaikala, P. S. Pandartarai, P. O. Kharhara, Tahsil Bodla, Civil & Revenue District Kabirdham (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Ministry Of Panchayat & Social Welfare, Mahanadi Bhawan, Naya Raipur, Civil & Rev. Dist. Raipur (Chhattisgarh)

2. The Collector, Kabirdham, Civil & Rev. District Kabirdham (Chhattisgarh)

3. The Sub Divisional Officer (Rev). Bodala, Civil & Rev. District Kabirdham (Chhattisgarh)

4. The Tahsildar, Bodala, Civil & Rev. District Kabirdham (Chhattisgarh)

5. Vijay, S/o. Ramji Chandravanshi, Aged About 45 Years R/o Gandaikala, P. S. Pandartarai, Tahsil Bodala, Civil & Rev. District Kabirdham (Chhattisgarh)

6. Shyam Ji, S/o Mohan Chandravanshi, Aged About 60 Years R/o Gandaikala, P. S. Pandartarai, Tahsil Bodala, Civil & Rev. District Kabirdham (Chhattisgarh) ---- Respondent For Petitioner : Shri Dinesh Tiwari, Advocate.

For Respondent/State : Shri PK Bhaduri, Govt. Advocate. Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 27/06/2016

1. This writ petition has been preferred by Gram Panchayat, Gandaikala seeking direction to respondent No.4, Tehsildar, Bodala to remove encroachment made by respondents 5 & 6 on Charagah land which belongs to the

Government.

2. Perusal of document (Annexure-P/5) would indicate that Tehsildar has directed respondents 5 and 6 not to proceed with construction on Government land, however, as stated by learned counsel for the petitioner, respondents 5 & 6 have neither stopped the construction nor vacated the Government land.

3. Considering the entire fact situation of the case, the Writ Petition is disposed of with a direction to respondent No.4 to initiate proceeding under Section 248 of the CG LRC, 1959 against respondents 5 and 6 and if they are found to be in possession of any Government land, proceeding be completed for removal of encroachment in accordance with law. Let entire exercise be completed within a period of 4 months from today. Sd/- Judge (Prashant Kumar Mishra) Barve