Alnaj Begum v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No. 2404 of 2020 Alnaj Begum W/o Shri Asgar Ali, Aged About 39 Years, R/o Katghora, District Korba, Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through Collector Korba, District Korba, Chhattisgarh ---- Respondent For Petitioner :

Smt. M. Asha, Advocate For State :

Shri Anand Verma, Dy. Govt. Advocate Hon'ble Shri Justice P. Sam Koshy Order On Board 16.10.2020

1. The challenge in the present writ petition is to the order dated 24.12.2018 passed by the Collector, District Korba whereby the application for diversion of the property for commercial purpose moved by the petitioner was rejected.

2. Considering the fact that the order is two years old and the petitioner has not approached the Court timely, this Court is reluctant to entertain the writ petition at this juncture. Moreover, in the subsequent two years time much development must have taken place. In addition the order was also appealable.

3. Under the circumstances, without expressing any opinion on merits, this Court permits the petitioner to approach the district Collector afresh

for diversion of her land for commercial purposes which the respondent authority may consider afresh in accordance with law, without being in any manner influenced by any of the observations made by this Court in the present order.

4. Subject to the petitioner furnishing photocopy of the original orders, the original orders can be returned to the petitioner.

5. The writ petition accordingly stands disposed of. Sd/- P. Sam Koshy Judge Khatai