High Court Of ChhattisgarhWPC/910/2017disposed off

Balram Sonwani v. State Of Chhattisgarh

2017-04-17Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 910 of 2017 Balram Sonwani S/o Taanuram Sonwani Aged About 65 Years R/o Village Amera, Tahsil- Palari, District- Balodabazar-Bhatapara ---- Petitioner

Versus

1. State Of Chhattisgarh Through- Secretary Revenue Department, Mahanadi Bhawan New Raipur, Chhattisgarh

2. The Collector, Balodabazar, District- Balodabazar-Bhatapara, Chhattisgarh

3. The Nazul Officer Balodabazar, District- Balodabazar Bhatapara, Chhattisgarh ---- Respondents For Petitioner :

Mr. Sumit Jhawar, Advocate For State :

Mr. Sangharsh Pandey, Dy. G.A.

Hon'ble Shri Justice Goutam Bhaduri Order On Board 17/0 4/2017 Heard.

1. The instant petition is filed with the limited prayer for finalization of the case of the petitioner that is the application to grant him permanent lease, which is pending before the State Government.

2. Learned counsel for the petitioner submits that the petitioner was granted a temporary lease in respect of nazul land plot No.9/1 admeasuring 1500 sq. ft. situated at Block No.10 at Balodabazar. After the temporary lease, the application for grant of permanent lease was moved before the Collector which was referred to the Tahsildar and Sub-Divisional Officer. Thereafter concluding the inquiry, the case was referred to the Collector by the Nazul Officer, which is still pending.

3. On the other hand, learned counsel for the State submits that as per

instructions, the Tahsildar has already ordered for ejectment of the petitioner from the premises on the ground that he is the encroacher.

4. Be that as it may, the order-sheet shows that reference was made to Collector/State Government for consideration for grant or reject for prayer of leave. Therefore, if the issue is still pending before the State Government without prejudice to the rights of either parties, the State Government may decide the same within a reasonable period.

5. It is made clear that this Court has not expressed any opinion on the merits of the case.

6. The petition stands disposed off.

Sd/- (Goutam Bhaduri) J U D G E Rekha