High Court Of ChhattisgarhCRMP/438/2021disposed off

Shreem Engineering And Builders v. State Of Chhattisgarh

2021-06-22Hon'Ble Shri Justice Narendra Kumar Vyas2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 438 of 2021 • Shreem Engineering And Builders Through Its Director, Atul Dubey S/o Late V. N. Dubey, Present Aged About 52 Years, Resident Of Rekhankan Colony Ambikapur, District Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Revenue Department, Mahanadi Bhawan, Atal Nagar District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

2. Sub Divisional Magistrate Ambikapur, District Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh ---- Respondents For Petitioner : Shri Sunil Tripathi, Advocate For State : Shri Gurudev I. Sharan, Government Advocate Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 22.06.2021

1. This Cr.M.P. has been filed under Section 482 of the Cr.P.C. preferred by the petitioner before this Court seeking suitable directions to the Sub Divisional Magistrate, Ambikapur, District - Surguja with regard to the compliance of order passed on 22.01.2019 in Misc. Criminal Case No. 02/2016.

2. Learned counsel for the petitioner would submit that the Sub Divisional Magistrate, Ambikapur, District - Surguja had passed order on 22.01.2019 in Misc. Criminal Case No. 02/2016 by which the application under Section 145 Cr.P.C. preferred by him has been allowed by recording the findings that the petitioner was in possession of the disputed land, two months prior to 22.01.2019, and it has been unauthorizedly dispossessed from the land by the respondents in Misc. Criminal Case No. 02/2016.

3. Be that as it may, it is directed that the Sub Divisional Magistrate shall make attempts to see that his order is complied with by the

respondents in Misc. Criminal Case No. 02/2016 within four months from the date of receipt of copy of this order subject to the condition that the order passed by the Sub Divisional Magistrate on 22.01.2019 is not under challenge before any other forum by the respondents in Misc. Criminal Case No. 02/2016 namely Jagriti Singh, Akriti Singh, Lalit Singh, Atul Singh, Sanu Singh, Dubraj Singh, Marwadi Ram and Lalan Paikra.

4. With the aforesaid observations, the Cr.M.P. is finally disposed off.

Sd- (Narendra Kumar Vyas) Judge kishore