High Court Of ChhattisgarhWPC/1588/2020disposed off

Daulal Chandravanshi v. State Of Chhattisgarh

2020-08-21Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1588 of 2020 Daulal Chandravanshi S/o Late Potu Singh Aged About 48 Years R/o Vilage- Newariguda, Post Raveli, District- Kabirdham, (C.G.)., District : Kawardha (Kabirdham), Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Urban Administration Development Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Newa Raipur, District- Raipur, (C.G.)

2. Collector Kabirdham, District- Kabirdham, (C.G.)., District : Kawardha (Kabirdham), Chhattisgarh

3. Sub Divisional Officer Kawardha, District- Kabirdham, (C.G.)., District : Kawardha (Kabirdham), Chhattisgarh

4. Tahsildar Tahsil Kawardha, District- Kabirdham, (C.G.)., District : Kawardha (Kabirdham), Chhattisgarh

5. Narayan S/o Bishambhar Caste- Satnami, R/o Village- Newariguda, PostReveli, District- Kabirdham, (C.G.)., District : Kawardha (Kabirdham), Chhattisgarh ---- Respondents For Petitioner :

Mr. CJK Rao, Advocate For State :

Mr. Siddharth Dubey, GA Hon'ble Shri Justice P. Sam Koshy Order on Board 21/08/2020

1. The only grievance in the present writ petition is the illegal action on the part of the respondent No.5 who has encroached upon the Government land near Village Newariguda adjacent to the property situated in Khasra No. 462, 463.

2. According to the petitioner by way of the encroachment of the respondent No.5 the petitioner has been denied entry into his private property and encroached land was on public road in the revenue records.

3. Counsel for the petitioner submits that he has already approached the respondent No.2 by moving a detailed reply in this regard, however no action till date has been initiated.

4. State counsel however submits that let writ petition be disposed of directing the respondent No.2 to take a decision on the representation of the petitioner in this regard.

5. Given the said submissions made by the counsel appearing on either side, this Court is of the opinion since the case is of encroachment made on a public road and is also blocking the access of the petitioner to the private property, the writ petition can be disposed of at this juncture directing the respondent no.2, who in turn can get it verified from the respondent No.3 & 4 in respect of the complaint lodged by the petitioner and after due verification it is expected that respondent No.2 to 4 shall take all necessary steps in accordance with law to remove any encroachment made on the Government land particularly in the public road, if any.

6. Let this exercise be concluded within a period of 45 days from the date of receipt of copy of this order.

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

Sd/- (P. Sam Koshy) Judge Rohit