Onkar Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Appeal No. 548 of 2017 {Arising out of Order dated 11.10.2017 passed in Writ Petition (C) No. 2766 of 2017 by the learned Single Judge} Onkar Singh S/o Malik Ram Aged About 57 Years R/o Jute Mill Road Raigarh, Thana Jute Mill Tahsil And District Raigarh, Chhattisgarh. ---- Appellant

Versus

1. State of Chhattisgarh Through The Secretary, Department of Commerce and Industries, Mahanadi Bhawan, Mantralaya, New Raipur, Chhattisgarh.

2. The Collector, Raigarh, Collectorate Raigarh, Tahsil Raigarh, District Raigarh, Chhattisgarh.

3. The Sub Registrar, Gharghoda, Office of Sub- Registrar, Tahsil and District Raigarh, Chhattisgarh.

4. M/s T. R. N. Energy Pvt. Ltd. A Company Incorporated Under The Companies Act 1956 Having Its Office at 4732/22, Ground Floor, Prakashdeep Building Ansari Road Dariyaganj, New Delhi, 110002, Through Its Directors. ---- Respondents For Appellant : Shri N.K.Malviya, Advocate.

For Respondent/State : Shri UNS Deo, Government Advocate. Hon'ble Shri Ajay Kumar Tripathi, Chief Justice Hon'ble Shri Parth Prateem Sahu, Judge Judgment on Board Per Ajay Kumar Tripathi, Chief Justice 01/11/2018

1. Heard learned counsel for the Appellant and the learned Government Advocate for the State.

2. Perused the order of the Collector, Raigarh dated 03.11.2014 as well as the impugned order passed by the learned Single Judge dated 11.10.2017.

3. Since the land in question has been sold by the Appellant out of his free will by a registered document as part of a negotiation, therefore, all the

rigmarole which he is trying to build around the said sale and claims ancillary to that sale has rightly been rejected by the learned Single Judge holding that it is a civil dispute between the two parties, no interference is warranted with the impugned order.

4. Accordingly, the writ appeal is dismissed. Sd/- Sd/- (Ajay Kumar Tripathi) (Parth Prateem Sahu) CHIEF JUSTICE JUDGE Amit