Mohammad Salim Memon v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1695 of 2015

1. Mohammad Salim Memon S/o Haji Hroon Rashid Memon, Aged About 40 Years R/o House No. 48, Ward No.6, Near Bus Stand, Dharamjaigarh, Distt. Raigarh, (Chhattisgarh) Pin: 496116 ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mahanadi Bhawan, New Raipur, Distt. Raipur, (Chhattisgarh)

2. Collector, Raigarh, Distt. Raigarh, (Chhattisgarh)

3. Nazul Officer / Sub Divisional Officer, Dharamjaigarh, Distt. Raigarh, (Chhattisgarh)

4. Dr. Khurshid Khan, S/o Ataullah Khan, R/o Dharamjaigarh, P. S. Civil Line, Distt. Raigarh, (Chhattisgarh) ---- Respondents For Petitioner.

: Shri Ravindra Sharma, Advocate.

For Respondent/State.

: Ms. Sunita Jain, Panel Lawyer.

Order On Board 21/09/2015 Heard.

1.

For the present, a limited prayer of the petitioner is that the Revenue Authority be directed to conclude the proceeding initiated on petitioner's complaint dated 18.01.2013, which is pending before S.D.O. (Revenue)/Nazul Officer, Dharamjaigarh. The allegation of the petitioner is that the respondent No. 4 has encroached upon the petitioner's land. Upon proceeding instituted, interim order was passed against the respondent No. 4, which was also violated. When contempt proceeding were initiated, respondent No. 4 has assailed legality and validity of order dated 17-01-2014 before the Collector and before the Board of Revenue,

though unsuccessfully. Respondent No. 4 is neither complying the interim order nor cooperating towards earlier conclusion of the case pending before the Nazul Officer. 2.

Considering the aforesaid submissions, at present, it would be expedient in the interest of justice to direct respondent No. 3 to decide petitioner's case, which is pending before it within a period of three months from the date of receipt of certified copy of this order. 3.

Accordingly, the writ petition stands disposed off. Sd/- Manindra Mohan Shrivastava Judge amita