Vishnumal Hanspal v. Union Of India

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1413 of 2016 Vishnumal Hanspal S/o Shri Pesumal Aged about 66 years, Unemployed, R/o Near Dr. Pendalwal's Clinic, Main Road, Torwa, Bilaspur, District Bilaspur (CG) ---- Petitioner

Versus

1. Union of India, through: the General Manager, S.E.C. Railway, GM Office, Bilaspur 495004 (CG)

2. The Divisional Railway Manager, S.E.C. Railway, Bilaspur Division, DRM's Office, Bilaspur-495004

3. The Sr.Divisional Engineer (Coordination) S.E.C. Railway, Bilaspur Division, DRM's Office, Bilaspur - 495004 (CG) ---- Respondents For Petitioner :

Mr.B.P. Rao, Advocate For Respondents :

Ms S. Harshita, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 7/7/2017

1. While dismissing the civil revision preferred by the petitioner the High Court of Madhya Pradesh has directed the Railways to consider the fact of giving alternative site to the petitioner, if possible. The Railways has considered and rejected the representation of the petitioner vide Annexure P/18, against which, this writ petition has been filed.

2. Learned counsel for the petitioner would submit that similarly situated persons have been granted alternative lands whereas the representation of the petitioner has been rejected.

3. On the other hand, learned counsel for the respondents would oppose the writ petition.

4. I have heard learned counsel for the parties, considered their rival submissions made hereinabove and also gone through the record with utmost circumspection.

5. Sufficient and valid reasons have been assigned by respondent No.3

in not allotting the alternative land to the petitioner in which I do not find any good ground to entertain this writ petition. The substantive revision petition deciding the rights of the petitioner has already been rejected.

6. Accordingly, the writ petition being devoid of merit is liable to be and is hereby dismissed. No order as to cost(s).

Sd/- (Sanjay K. Agrawal) Judge B/-