Nanduram Sinha v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (PIL) No. 01 of 2016 Nanduram Sinha S/o Shri Ramlal Sinha Aged About 50 Years Pesha Krishak Gramin Adhyakshya, Niwasi Gram Boridkala, Thana Gurur, Tahsil Gurur, Civil Va Revenue Jila Balod Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Dwara Sachiv Panchayat Avam Gramin Vikas Vibhag Mantralaya, Naya Raipur, Chhattisgarh

2. Sachive Paryavaran Avam Pradushan Vibhag Chhattisgarh Naya Raipur Jila Raipur Chhattisgarh

3. Collector Balod, Jila Balod Chhattisgarh

4. Anuvibhagiya Adhikari Rajaswa Balod, Jila Balod Chhattisgarh

5. Tahsildar Tahsil Karyalaya Gurur Jila Balod Chhattisgarh

6. Kshetriya Prabandhak Vivek Agrotek Private Limited Boridkala Tahsil Gurur Jila Balod Chhattisgarh

7. Sarpanch Grampanchayat Boridkala Tahsil Gurur Jila Balod Chhattisgarh ---- Respondents For Petitioner :

Shri Abdul Wahab Khan, Advocate.

For Respondents No.1 to 5/ State :

Shri A.S. Kachhawaha, Additional Advocate General.

Hon'ble Shri Justice Pritinker Diwaker Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board Per P. Diwaker, J 14/01/2016 1.

According to the Petitioner, Respondent No.6 is trying to install industry at Boridkala, Tehsil Gurur and District Balod, Chhattisgarh without completing the necessary formalities and also ignoring the fact that if such an industry is installed, villagers would suffer an irreparable injury. It has been further pointed out that no objection has been obtained from the earlier Sarpanch by misleading him.

2.

Learned counsel for the Petitioner submits that the Petitioner has already made representations to the Collector, Sub-Divisional Officer, and Tehsildar and purpose of filing this writ petition would be served if the representation filed by the Petitioner Annexure - P/1 is considered by the Collector in accordance with law, expeditiously. 3.

The State Government has no objection to the proposition put-forth by the Petitioner. He submits that the representation of the Petitioner Annexure-P/1 would be decided within four weeks from the date of receiving a copy of this order.

4.

Considering the submission made by the parties, the present petition is disposed of directing the Collector to decide the representation Annexure-P/1 of the Petitioner within four weeks from the date of receipt of a copy of this order. It would be the duty of the Petitioner as well as the State Government to communicate this order to the Collector. It is made clear that this Court has not observed anything on the merits of this case and the Collector would be at liberty to decide the representation in accordance with law.

5.

The writ petition is accordingly disposed of. Sd/- Sd/- (Pritinker Diwaker) (Chandra Bhushan Bajpai) Judge Judge Nimmi