Surarilal Tamrakar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1605 of 2016 • Surarilal Tamrakar S/o Badho Tamrakar, Aged About 56 Years R/o Ward No. 14, Mohalla Kedarpur, Ambikapur, Tahsil Ambikapur, District Surguja Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Urban Administration And Development Department, Mahanadi Bhawan, Mantralaya, New Raipur, Chhattisgarh

2. The Collector, Surguja Ambikapur Chhattisgarh

3. The Commissioner, Municipal Corporation, Ambikapur, District Surguja Chhattisgarh

4. The Tahsildar, Ambikapur, District Surguja Chhattisgarh

5. The Nazul OfÏcer, Ambikapur, District Surguja Chhattisgarh ---- Respondent For Petitioner Mr. Rahul Mishra, Advocate For Respondent /State Mr. UNS Deo, Government Advocate For Respondent/ Corporation Mr. Bhupendra Singh, Advocate Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 13/12/2016

1. Heard.

2. Mr. Rahul Mishra, learned counsel for the petitioner, would submit that he is a resident of Ward No.14, Ambikapur Municipal Corporation area, where the public way has been encroached

and the right of way enjoyed by the petitioner and other persons of the locality is being infringed. He would submit that despite repeated complaints/representations, the Municipal Corporation, Ambikapur or the Revenue authorities have not taken any action for removal of encroachment.

3. Mr. Bhupendra Singh, learned counsel for the Municipal Corporation, Ambikapur, would submit that notices have been issued to the encroachers and the proceedings are pending before the Municipal Corporation, therefore, it cannot be said that the Municipal Corporation is doing nothing in the matter.

4. Considering the repeated representations filed by the petitioner and the document Annexure P/3, whereby, the Tehsildar, Ambikapur has sent communication to the Municipal Corporation, Ambikapur, for demarcation and taking action against the encroachers, it appears that the matter is not being seriously taken care of by the authorities because Annexure P/3 would clearly indicate that when the Collector, Ambikapur directed the Tehsildar to demarcate the area, the said Tehsildar, in turn, wrote it to the Municipal Corporation and thus, none of the authorities are taking the issue to its logical end.

5. In view of the fact that the authorities are putting only lip service to the cause, ends of justice would be served if the Collector, Ambikapur, is directed to get the area in question demarcated jointly by the Municipal Corporation and the Tehsildar in presence of the members of the locality and thereafter, if any person is found to have encroached over the

area causing obstruction in the right of way of the petitioner or other members of the locality, the encroachment be removed in accordance with law.

6. Let the demarcation be carried out within a period of 06 weeks from today and thereafter, if any encroachment is found, the same be removed within a period of 03 months thereafter.

7. The writ petition stands accordingly disposed of. Sd/- Judge (Prashant Kumar Mishra) Shyna