Jeevan Das Jogi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1839 of 2017 Jeevan Das Jogi S/o Sadan Lal Jogi Aged About 68 Years R/o Village Jaroud, Tahsil Simga, District Balodabazar-Bhatapara, Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Revenue Department Mantralaya, Mahanadi Bhawan, New Raipur, Chhattisgarh.

2. Secretary, State Of Chhattisgarh, Energy Department, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur, Chhattisgarh.

3. Sub Divisional Officer, Simga, District Balodabazar-Bhatapara, Chhattisgarh.

4. Nayab Tahsildar, Suhela Block Simga, Sub Division Simga, District Balodabazar-Bhatapara, Chhattisgarh.

5. Orissa Generation Phase Ii, Transmission Limited Through Pawan Tiwari, Chief Of Construction, Orissa Generation, Phase Ii, B-1/03, Phase-II, Surya Vihar, Junwani Road, Bhilai, District Durg, Chhattisgarh.

---- Respondents For Petitioner :

Mr.Raghvendra Pradhan, Advocate For State :

Mr.Shashank Thakur, G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 10/7/2017

1. By this writ petition the petitioner has prayed for restraining respondent No.5 for undertaking construction work over the land of the petitioner.

2. Learned counsel for the petitioner would submit that without any injunction and without any authority of law respondent No.5 has started installation of electric tower over the land of the petitioner which is unsustainable and bad in law.

3. Be that as it may, the petitioner has simply sought injunction in para 10.1 of the relief for which he is free to move before the appropriate jurisdictional civil Court claiming permanent injunction along with an

application for temporary injunction.

4. Accordingly, the writ petition as framed and filed is held not maintainable and same is dismissed as not maintainable with the above-stated observation. No order as to cost(s). Sd/- (Sanjay K. Agrawal) Judge B/-