Jaishri Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1339 of 2020

1. Jaishri Sahu W/o Rameshwar Prasad Sahu Aged About 39 Years R/o Gitanjli City Phase-2 Bahtarai Road Bilaspur, Tahsil And District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary Department Of Revenue And Disaster Management Mahanadi Bhawan New Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

2. Collector Bilaspur, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh

3. Commissioner Nagar Nigam Bilaspur, District- Bilspur, Chhattisgarh., District : Bilaspur, Chhattisgarh

4. Joint Director Town And Country Planning Bilaspur, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh

5. S.R. Sahu S/o M.R. Sahu Aged About 65 Years Office At Gitanjali City Phase- 2, Bahtarai Road Bilaspur, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Respondents For Petitioner :

Mr. Surfaraj Khan, Advocate For State/Respondents No. 1,2 & 4 :

Mr. Jitendra Pali, Dy. A.G.

For Respondent No. 3 :

Mr. Pankaj Agarwal, Advocate.

For .

Hon'ble Shri Justice P. Sam Koshy Order on Board 10/07/2020 1.

The grievance of the petitioner in the present writ petition seems to be the alleged encroachment on Government land made by the respondent No. 5 in Khasra No. 900/135, 900/136 measuring 1200, 707 square feet of land situated at village Khamtarai Patwari Halka No. 25/17 Tehsil & District Bilaspur.

2.

The learned counsel appearing for the Municipal Corporation submits that subject to the State Government furnishing a demarcation report in respect of any encroachment made on a Government land, the appropriate action will be taken in accordance with law.

3.

Given the said submission made by the Counsel for the Municipal Corporation, the writ petition is disposed of directing the respondents No. 2 & 4 to consider the representation that the petitioner has made in this regard and to take appropriate action in accordance with law.

4.

It is expected that the Respondent No. 2 & 4 shall take a prompt decision in this regard within a period of 90 days from the date of receipt of copy of this order. It is also expected that while deciding the objection, the Respondent No. 2 & 4 shall grant an opportunity of hearing to the Respondent No. 5 against whom the allegations of encroachment are made.

5.

With the aforesaid directions/observations, the writ petition accordingly stands disposed of.

Sd/- (P. Sam Koshy) Judge Jyotijha