Arvind Singh v. The Collector Raipur

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No. 2310 of 2020

1. Arvind Singh S/o Late Kshtradhari, Aged About 42 Years, R/o Naya Talab, In Front Of Pathak Kirana, Gudhiyari Raipur, District Raipur, Chhattisgarh

2. Ashish Tandi S/o Gopal Tandi, Aged About 28 Years, R/o Santoshi Nagar, Raipur, P. S. Tikrapara, Raipur, District Raipur, Chhattisgarh ---- Petitioners

Versus

1. The Collector, Raipur, Tahsil And District Raipur, Chhattisgarh

2. The Sub Divisional Officer, Raipur, Tahsil And District Raipur Chhattisgarh

3. Joint Director, Town And Country Planning And Development Department, Raipur, Tahsil And District Raipur, Chhattisgarh

4. The Sub Registrar, Registration And Stamp Department, Raipur, Tahsil And District Raipur, Chhattisgarh

5. Ravi Sahu, Resident Of Behind Haribhumi Press, Chhattisgarh Nagar, P. S. Tikrapara Raipur, District Raipur, Chhattisgarh

6. Visheshr S/o Mangal, R/o Gogaon, Tahsil And District Raipur, Chhattisgarh

7. Bisahu S/o Mangal, R/o Gogaon, Tahsil And District Raipur Chhattisgarh

8. Mangal S/o Dhansingh, R/o Gogaon, Tahsil And District, Raipur, Chhattisgarh ---- Respondents For Petitioners :

Mr. Badruddin Khan, Advocate For State :

Mr. Suddep Verma, Dy. Govt. Advocate

Hon'ble Shri Justice P. Sam Koshy Order On Board 08.10.2020

1. The present writ petition has been filed alleging certain illegalities being committed by the respondent no.5 in the nature of illegally plotting the plots that are situated at Khasra Nos. 45/09, 45/11 & 45/43 at village Doma, Tahsil & District Raipur.

2. At the outset, this Court is of the opinion that the petitioners as such do not have any locus to challenge the same for the reason that it is none of the petitioners' personal right which is in any manner infringed by the alleged action of the respondent No.5. Moreover, the petitioners are not even the resident of that village where the respondent no.5 is said to be plotting the aforesaid property illegally.

3. It is settled position of law so far as a petition under Section 226 of the Constitution of India is concerned, it is only the person aggrieved who can file a petition particularly when any of his fundamental rights has been infringed. The petitioners have not been able to show any such personal infringement of their right which led to the filing of the present writ petition.

4. Thus, the present writ petition being devoid of merits stands dismissed on this ground alone reserving the right of the petitioners to avail other remedies open to them.

Sd/- P. Sam Koshy Judge Khatai