Ishwar Prasad Dewangan v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2524 of 2020 • Ishwar Prasad Dewangan S/o Shri Puniram Dewangan, Aged About 67 Years R/o Village Bhilai, Tahsil Balauda, District Janjgir Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Panchayat And Rural Development, Mantralaya, Rakhi, Post And Police Station - Rakhi District Raipur Chhattisgarh.

2. Collector Jangir, District Janjgir, Chhattisgarh.

3. Tahsildar Tahsil Balauda, District Janjgir, Chhattisgarh.

4. Mahaveer Coal Vashri And Pvt. Ltd. Through - Director Office At Village Bhilai, Tahsil Balauda, District Janjgir Chhattisgarh. ---- Respondents For Petitioner :

Shri Mayank Chandrakar, Advocate For Respondent :

Ms. Sunita Jain, P.L.

Hon'ble Shri Justice Goutam Bhaduri Order On Board 20.01.2021 Heard.

1. Learned counsel for the petitioner would submit that the respondents Mahaveer Coal Vashri & Pvt. Ltd. have encroached over government land bearing Kh No. 167/1 at village Bhilai which would be evident from the demarcation report (Annexure P-1). He refers to Annexure P-2 and would submit despite the fact that the petitioner has filed an application before the Tahsildar, Bhilai, Tah. Balauda, Dist Janjgir no proceedings are drawn.

2. Perused the documents.

3. Perusal of document Annexure P-2 shows that though a letter is addressed

to Tahsildar but nothing is on record to show that the application has been actually moved or not, as it does not bear any receipt or any proof of tender. In view of this, the petitioner shall be at liberty to file appropriate application before the Tahsildar (Respondent No. 3) along with the demarcation report under the provisions of land Revenue Code. It is directed that if such application is filed, the same shall be decided in accordance with law.

4. With the aforesaid observation, the petition stands disposed of. Sd/- (Goutam Bhaduri) Judge Jyoti