Narottam Devangan v. State Of Chhattisgarh

WPC No. 1433 of 2019 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1433 of 2019 • Narottam Devangan S/o Late Chatru Dewangan Aged About 50 Years R/o Banjari Photo Studio Near Banjary Mandir Primises Ranwabhata Raipur Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through The Collector Raipur Chhattisgarh.

2. Harish Joshi (Chairperson) R/o Banjari Mandir Dham Trust Bilaspur Road Khamtarai Raipur Chhattisgarh.

3. The Secretary (R/o Banjari Mandir Dham Trust Bilaspur Road Khamtarai Raipur Chhattisgarh.

---- Respondent For Petitioner : Shri GM Hasan, Advocate.

For Respondent/State : Shri Avinash Singh, Panel Lawyer. Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 18/06/2019 :

1. Admittedly, the petitioner was operating shop from the piece of Government land near Banjari Temple, Khamtarai, Raipur. The petitioner's possession has been vacated by the management of Banjari temple with the help of local administration. The petitioner would thus complain that he has been thrown out of

WPC No. 1433 of 2019 possession without taking recourse to law.

2. It appears, the petitioner is no longer in possession of a piece of Government land over which he was earning his livelihood. In such cases, the writ Court cannot direct that the petitioner be repossessed of the land which does not belong to him. If the petitioner feels that he has suffered damages because of the action of the respondents, he may move duly constituted suit seeking compensation. For the present, the issue brought before this Court cannot be adjudicated under the writ jurisdiction.

3. Accordingly, the writ petition is disposed of reserving afore-stated liberty in petitioner's favour.

Sd/- Judge (Prashant Kumar Mishra) Barve