Sonuram Jangde v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1256 of 2020

1. Sonuram Jangde S/o Shri Chaitram, Aged About 40 Years R/o Village - Dhardei, Tahsil - Pathariya, District Mungeli Civil And Revenue District - Mungeli Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Collector, Mungeli, District Mungeli Chhattisgarh.

2. The Chief Executive Officer, Zila Panchayat, Mungeli, District Mungeli Chhattisgarh.

3. The Sub Divisional Officer, Pathariya, District Mungeli Chhattisgarh.

4. Tahsildar, Pathariya, Tahsil Pathariya, District Mungeli Chhattisgarh -----Respondents For Petitioners :

Mr. Manoj Kumar Sinha, Adv.

For State : Mr. Jitendra Pali, Dy. A.G.

s. S Hon'ble Shri Justice P. Sam Koshy Order on Board 22/06/2020

1. The limited relief in the present writ petition seems to have been filed being aggrieved by the inaction on the part of the respondents in not deciding the objection that the petitioner has raised.

2. The grievance of the petitioner is that he is a resident of Village - Dhardei, Tahsil Pathariya, Distt. Mungeli, land bearing Khasra No. 81/2 admeasuring 2.00 acres in Patwarli Halka No. 22. According to the counsel for the petitioner, his said property is a private land belonging exclusively to the petitioner, however, the respondents for the purpose of construction and widening of road have encroached upon the said property and have started construction work.

3. It is contention of the petitioners that the Policy under MNREGA itself shows that the work has to be executed on Government Land and on Private Land. It is further contention of the petitioner that his property till date has not either been acquired or has he been paid compensation for the same.

4. Given the aforesaid factual matrix of the case as it stands, this Court is of the opinion that the writ petition as of now can be disposed of directing the respondents no. 1 & 3 to take an appropriate steps verifying whether the property i.e. patwari Halka No. 22 in Khasra No. 81/2 admeasuring 2.00 acres claimed by the petitioner is a private land or a Government land. That only after due verification appropriate steps be taken in accordance with law on the objection and the representation that the petitioner has filed in this regard be decided at the earliest without any further delay.

5. Considering the fact that the construction work is already started and the monsoon season is also fast approaching, it is expected that respondent no.-1 District Collector, District Mungeli can take early decision within a period of 45 days from the date of receipt of copy of this order.

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