Pusuram v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2430 of 2016 • Pusuram S/o Late Baidhan, Aged About 80 Years R/o Pahadipara, Near Sai Mandir Gudiyari, District Raipur, (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through: Secretary, Public Works Department, New Mahanadi Bhawan, Raipur, District Raipur, (Chhattisgarh)

2. Collector, Raipur, District Raipur, (Chhattisgarh)

3. Upper Collector, Raipur, District Raipur, (Chhattisgarh)

4. Executive Engineer, Public Works Department, Raipur, District Raipur, (Chhattisgarh)

5. Sub Divisional Officer, Public Works Department Raipur, District Raipur, (Chhattisgarh) ---- Respondents For Petitioner : Shri Vikram Dixit, Advocate For State : Dhiraj Wankhede along with Shri Jageshwar Koushal, Tahsildar, Raipur Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 15/05/2017

1. Heard.

2. The petitioner has filed this petition against the action of the respondent without acquisition of his land proposed the construction of road.

3. Learned counsel for the respondents have come out with specific affidavit along with demarcation reports to submit that as far as petitioner's land comprising Khasra No. 495 is concerned, the same is not being used for construction of any road/highway. For this, reliance is placed on demarcation report filed along with application for taking document on record.

4. In view of the above stand taken by the respondent that the land with an area 0.202 hectare, comprising Khasra No. 495/1 of Village P.H. No.

107/50, Village Gogaon is not being used for construction of road no further order is required to be passed. The statement and the affidavit of the respondents are sufficient to indicate that the petitioner's land is not going to be used for construction of road.

5. Accordingly, the petition is disposed off. Sd/- (Manindra Mohan Shrivastava) Judge Kamde