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High Court Of ChhattisgarhWPPIL/64/2016disposed off

Puran Lal Sahu v. State Of Chhattisgarh

2016-12-01Hon'Ble The Chief Justice,Hon'Ble Shri Justice Sanjay Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (PIL) No. 64 of 2016 Puran Lal Sahu, S/o Late Shri Jethu Ram Sahu, Aged About 55 years, Resident of Village Purai, Thana Utai, District Durg (C.G.) ---- Petitioner versus

1. State of Chhattisgarh, Through Secretary, Department of Revenue and Disaster Management, Mantralaya, Mahanadi Bhawan, Naya Raipur (C.G.)

2. Collector, Durg, District Durg (C.G.)

3. Naib Thasildar, Durg, District Durg (C.G.)

4. Gram Panchayat Purai, Through Secretary, Thasil and District Durg (C.G.)

5. Sarpanch of Gram Panchayat Purai, Thasil and District Durg (C.G.)

6. Gramin Sahu Samaj, Village Purai, Thasil and District Durg (C.G.) Through Its President Dev Kumar Sahu, S/o Gambhir Ram Sahu, Aged About 41 Years, Village Purai, Thasil and District Durg (C.G.) ---- Respondents For Petitioner :

Shri Vinay Pandey, Advocate For State/Respondents 1 to 3 :

Shri Yashwant Singh Thakur, Additional Advocate General For Respondent No.6 :

Shri Rohitashva Singh, Advocate For Respondents 4 and 5 :

None Coram:

Hon'ble The Chief Justice Hon'ble Shri Sanjay Agrawal, J.

Order on Board 01/12/2016

1. Pursuant to our order dated 10.11.2016, Naib Thasildar is present along with the records. We have seen the records of eviction proceedings and it makes dismal reading. The proceedings are

pending since 15.4.2015 and even the evidence has not been recorded till now. We therefore direct the Naib Thasildar, Durg Shri Ajit Kumar Choubey, who is present in Court, to ensure that the proceedings are taken up on fast-pace, if necessary day to day hearing should be done and the eviction proceedings should be finally disposed of latest by 31st March 2017. Respondent No.6, who is the alleged encroacher, is directed to appear before the Naib Thasildar on the date already fixed for further proceedings. We make it clear that in case, Respondent No. 6 tries to delay the proceedings or creates any hurdle in the progress of the proceedings, the Naib Thasildar shall proceed ex parte and shall pass an order.

2. In view of the above directions, Shri Pandey does not press the writ petition at this stage.

3. The writ petition is disposed of accordingly. Security amount deposited by petitioner be refunded to him.

Sd/- Sd/- (Deepak Gupta) (Sanjay Agrawal) CHIEF JUSTICE JUDGE vatti