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High Court Of ChhattisgarhWPC/603/2016disposed off

Subhash Das v. State Of Chhattisgarh

2016-03-04Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 603 of 2016 • Subhash Das, son of late Pitamber Das, Aged About 42 Years, By Caste Ganda (Scheduled Caste), R/o Village Jharband, Post Bhawarpur, Gram Panchayat Palsapali, Tahsil Basna, District Mahasamund, (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Revenue And Disaster Management Department, Mahanadi Bhawan, Mantralaya, New Raipur, (Chhattisgarh)

2. The Collector, Mahasamund, District Mahasamund, (Chhattisgarh)

3. The Sub Divisional Officer, Saraipali, District Mahasamund, (Chhattisgarh)

4. The Tahsildar, Basna, District Mahasamund, (Chhattisgarh)

5. Gram Panchayat, Palsapali, Through The Sarpanch, Palsapali, Tahsil Basna, District Mahasamund, (Chhattisgarh)

6. The Sarpanch, Gram Panchayat, Palsapali, Tahsil Basna, District Mahasamund, (Chhattisgarh) ---- Respondents For Petitioner :

Shri Rahul Mishra, Advocate For Respondent No.1 to 4 :

Shri Satish Gupta, Government Advocate.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 04/03/2016 Learned counsel for the petitioner submits that though in the past his material grandfather was proceeded against on the allegations of encroachment and he has been found to be an encroacher, later on in the year 1997 the Gram Panchayat recommended grant of lease in favour of father of the petitioner - Pitamber Das. In the notice dated 03.02.2016, the petitioner has been given a notice to show-cause as to why he be not removed and he be not dispossessed as an encroacher. The petitioner has also been granted time to submit documents, if any, in his favour. In response thereto,

the petitioner has submitted a representation dated 06.02.2016 (Annexure P/4) before the Sarpanch.

In that view of the matter, let the Sarpanch examine the representation before proceeding against the petitioner.

If the petitioner's grievance is not redressed, the petitioner's remedy is to take recourse to civil remedy as may be available to him under the law. In view of above, the petition stands disposed of. Sd/- (Manindra Mohan Shrivastava) Judge Anjani