Tanvir Alam v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No.1820 of 2017 Tanvir Alam S/o Late Dil Mohammad, Aged About 51 Years R/o Village & Post Sirsi, Tahsil Bhaiyathan, District Surajpur Chhattisgarh ---- Petitioner

Versus

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

2. Collector, Surajpur, District Surajpur (Chhattisgarh)

3. Sub Divisional Officer (Revenue), Surajpur, District Surajpur (Chhattisgarh)

4. Additional Chief Engineer (Civil-Pari) Chhattisgarh State Electricity Production Company, Maryadit, Bishrampur, District Surajpur (Chhattisgarh) ---- Respondents For Petitioner :

Mrs.Meena Shashtri, Advocate For Respondent No.1 to 3 :

Mr.Arun Sao, Dy.A.G.

Mr.K.C. Devasenapathi, Collector, Surajpur is present in person Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 21/7/2017

1. Learned counsel appearing for the petitioner would submit that order dated 25.11.2006 (Annexure P/1) prohibiting sale of land is illegal and the respondents be directed to permit the petitioner to transfer of his land.

2. Learned State Counsel would submit that order dated 25.11.2006 has been revoked by order dated 10.7.2017 and permission for sale of the petitioner's land has already been granted and as such, relief sought for by the petitioner has already been granted, therefore, this writ petition has become infructuous.

3. At this stage, learned counsel for the petitioner would submit that the State authorities are harassing the petitioner since 2006 relying upon

the judgment of the Supreme Court in the matters of Bhavnagar University Vs. Palitana Sugar Mill (P) Ltd. and others 1, DLF Qutab Enclave Complex Educational Charitable Trust Vs. State of Haryana and others2 and Prabin Ram Phukan and another Vs. State of Assam and others3.

4. The fact remains that the writ petition was filed before this Court on 30.6.2017 and within a period of 17 days relief sought for by the petitioner has been granted to him by the State. Therefore, no compensation can be granted to the petitioner about alleged harassment in this writ petition.

5. Accordingly, the writ petition is disposed off as relief claimed has already been granted to the petitioner. Presence of Mr.K.C. Devasenapathi, Collector, Surajpur is dispensed with. Sd/- (Sanjay K. Agrawal) Judge B/- 1 (2003) 2 SCC 111 2 (2003) 5 SCC 622 3 (2015) 2 SCC 605