High Court Of ChhattisgarhWPC/1720/2016disposed off

Surendra Pratap Singh v. State Of Chhattisgarh

2016-07-11Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1720 of 2016

1. Surendra Pratap Singh S/o Late Shri Ramraj Singh, Aged About 64 Years R/o Ward No. 20, Kurmipara, Bemetara, Distt. Bemetara (Chhattisgarh)

2. Smt. Vidya Devi W/o Shri Surendra Pratap Singh, Aged About 61 Years R/o Ward No. 20, Kurmipara, Bemetara, Distt. Bemetara (Chhattisgarh) ---- Petitioners

Versus

1. State of Chhattisgarh Through Secretary, Urban Administration Department, Mahanadi Bhawan, Naya Mantralaya, Naya Raipur, District Raipur (Chhattisgarh)

2. Collector, Bemetara, Distt. Bemetara (Chhattisgarh)

3. Nagar Palik Parishad, Bemetara Through Chief Municipal Officer, Bemetara, Distt. Bemetara (Chhattisgarh)

4. Priyankar Das S/o Shri Sukriti Ranjan Das, Aged About 35 Years R/o Ward No. 20, Kurmipara, Bemetara, Distt. Bemetara (Chhattisgarh)

5. Smt. Iladas W/o Shri Sukriti Ranjan Das, Aged About 65 Years R/o Ward No. 20, Kurmipara, Bemetara, Distt. Bemetara (Chhattisgarh) ---- Respondents For Petitioners :

Shri Sanjay Patel, Advocate For Respondents-State :

Shri Arun Sao, Dy. AG for the State Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 11/07/2016

1. Petitioner has prayed for initiating action against respondents No.4 & 5 and to remove boundary wall which they have erected to cover/block the entrance gate of the petitioners.

2. Prima facie the relief prayed for in the writ petition would require

adjudication of the ownership of the land; demarcation; right of easement etc., therefore, writ remedy is not the appropriate remedy for the petitioners, however, at the same time, if the wall has been erected on any government land, it is the duty of the concerned statutory authority to consider petitioners' representations, therefore, the writ petition is disposed of with a direction that in the event, the petitioners prefer fresh representations before the Municipal Council, Bemetara within a period of one month from today, the said Municipal Council shall decide the representation within a further period of two months.

3. If the representation is decided against the petitioners, they would have liberty to prefer a suit before the jurisdictional civil Court. Sd/- Judge Prashant Kumar Mishra ashu