Smt. Mamta Raju Meshram v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1130 of 2019 Smt. Mamta Raju Meshram W/o Shri Umashankar Meshram Aged About 28 Years Sarpanch, Gram Panchayat - Rengakathera, Vikas Khand - Patan, District - Durg Chhattisgarh. --- Petitioner

Versus

1. State of Chhattisgarh through the Secretary, Department of Panchayat, New Mantralaya, New Raipur District - Raipur Chhattisgarh.

2. The Collector District - Durg Chhattisgarh.

3. The Superintendent of Police District - Durg Chhattisgarh

4. The Tahsildar Tahsil - Patan, District - Durg Chhattisgarh.

5. The Station House Officer Police Station - Ranitarayee, District - Durg District : Durg, Chhattisgarh --- Respondents For the Petitioner :

Mr. Dashrath Kushwaha,, Advocate For the State :

Mr. Sudip Verma, Dy. G.A.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 30.04.2019

1. The present petition is preferred by the Sapanch of village Gram Panchayat Rengakathera seeking a direction to the official respondents to provide police protection to remove the encroachments at village Rengakathera.

2. Learned counsel for the petitioner submits that village Panchayat has passed certain resolution for construction of community hall, cremation center, cattle house etc., in place of illegal encroachments made by other persons. He submits that a communication was made by Naib Tahasildar to the Station House Officer Ranitarayee on 23.02.2019 (Annexure

P-1) but the same is not followed.

3. Perused Annexure P-2 dated 23.02.2019 which shows that the Naib Tahsildar has written to the SHO, Ranitarayee, Distt. Durg that certain encroachments from the Government Land at villages Rengakathora & Jhadmokhli are to be removed, therefore, the police protection may be provided.

4. It appears that the Naib Tahsildar has already written for providing security of police to remove the encroachments. Considering the same, without any observation on merits of the case, it is directed that the request of the Naib Tahsildar dated 23.02.2019 to the SHO, Ranitarayee, Distt. Durg may be given effect to meaning thereby if any encroachments are sought to be removed then the SP, District Durg and the SHO P.S. Ranitarayee, Distt. Durg shall provide necessary police force to remove the encroachments from the Government land.

5. The Naib Tahsildar may communicate the date of the proposed removal of encroachment seeking police protection.

6. With the above observation/direction, this petition stands finally disposed of.

Sd/- GOUTAM BHADURI JUDGE R a o