High Court Of ChhattisgarhWPC/1193/2020disposed off

Smt. Saida Begam, v. State Of Chhattisgarh

2020-06-11Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1193 of 2020 Smt. Saida Begam, W/o Shri Iliyas Gori, Aged About 39 Years R/o Ward No. 6, Gandhi Chowk, Chudi Line Arang, Post Office Arang, Tahsil Arang, District Raipur Chhattisgrh., District : Raipur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Urban Administration And Development, Mahanadi Bhavan, Naya Raipur, District Raipur Chhattisgarh

2. The Chief Municipal Officer, Nagar Palika Parisad Arang, District Raipur Chhattisgarh.

3. Shri Manish Swarnkar (Senior Engineer), Nagar Palika Parisad Arang, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

4. Shri Rajesh Sahu, President Sahu Samaj Arang, R/o Ward No. 6, Burgudipara Arang, Tahsil Arang, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

5. The Collector, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

6. The Tahsildar Arang, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Respondents For Petitioner :

Mr. Ritesh Verma, Advocate.

For State :

Mr. V.R. Tiwari, Addl. A.G.

Hon'ble Shri Justice P. Sam Koshy Order on Boar d 11/06/2020

1. The limited prayer that the petitioner has sought for in the present petition is for an appropriate direction to the respondent no. 5 & 6 for a decision on the application under section 133 of Chhattisgarh Land Revenue Code 1959 that the petitioner has filed before the Tahsildar and another application u/s 52 of Land Revenue Code has been filed before the Collector. Both are lying vacant for a considerable period of time and the same may be decided at the earliest so that the interest of the petitioner so far as his easementary right of way is concerned.

2. That, the limited relief sought for by the petitioner is not opposed by the Counsel for the Addl. Advocate General.

3. Accordingly, the writ petition is disposed of directing the respondent no. 6 as well as respondent 5 to take a decision on the applications under Section 52 as well as under Section 133 pending before the two authorities respectively at the earliest preferably within a period of 45 days in accordance with law.

4. The writ petition accordingly stands disposed of. Sd/- (P. Sam Koshy) Judge Jyotijha