Pukkal Tandan v. State Of Chhattisgarh,

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3121 of 2021 • Pukkal Tandan S/o Maniram Tandan, Aged About 47 Years R/o Village Podi Tehsil Kota District Bilaspur, Chhattisgarh., ---- Petitioner

Versus

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

2. Tehsildar Kota District Bilaspur, Chhattisgarh., ---- Respondents For Petitioner :

Ms. Sareena Khan, Advocate For Respondent/ State :

Mr. Ashish Tiwari, G.A.

Hon'ble Shri Justice Goutam Bhaduri Order On Board 03.08.2021 Heard.

1. The instant writ petition has been filed against a notice dated 29.06.2021 (Annexure P/2) served to the petitioner by the Tehsildar under Section 248 of the Chhattisgarh Land Revenue Code 1959 on the ground that the petitioner has encroached upon certain land.

2. Learned counsel for the petitioner submits that it is an Abadi land and the grant was made in favour of the petitioner to settle the land under the Pradhan Mantri Awas Yojana.

3. Since the instant petition is against the notice which is served to the petitioner by the Court of Tehsildar, at this stage, this petition is premature. However, without going into the merits of the case, it is directed that the petitioner shall be given proper opportunity of hearing to place all necessary documents before the Court of Tehsildar. Thereafter the Tehsildar, after giving an opportunity of hearing to the petitioner, shall pass the suitable orders.

4. With the aforesaid direction/ observation, the writ petition stands disposed off. Sd/- (Goutam Bhaduri) Judge Vishakha