Ramlal Prajapati v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1039 of 2017 • Ramlal Prajapati S/o Late Ramratan Prajapati, Aged About 62 Years R/o Village Bilha, Tahsil Bilha, P. S. Bilha, District Bilaspur (Chhattisgarh) ---- Petitioner

Versus

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

2. Chief Medical Officer, Bilha, District Bilaspur (Chhattisgarh)

3. The Collector, Bilaspur, District Bilaspur (Chhattisgarh)

4. The Sub Divisional Officer, Bilha, District Bilaspur (Chhattisgarh)

5. The Tahsildar, Bilha, District Bilaspur (Chhattisgarh) ---- Respondents For Petitioner :

Shri Jitendra Nath Nande, Advocate For State :

Shri Dhiraj Wankhede, Govt. Advocate Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 20/04/2017

1. Heard.

2. This petition is filed by the petitioner raising a dispute that the respondents are raising certain construction and because of that construction, access to the petitioner's plot is adversely affected and blocked.

3. Learned State counsel submits that the petitioner is claiming right to easement over the land to his plot and construct a building.

4. The nature of dispute of the parties seems to be purely civil in nature. Whether the petitioner is entitled to any easementary right, is a matter which could be decided in civil suit and not by way of writ petition.

Therefore, the petition is not maintainable. The petitioner would be at liberty to take recourse to ordinary civil remedy.

5. The petition is dismissed Sd/- (Manindra Mohan Shrivastava) Judge Kamde