Janak Singh v. Ajay Kumar Agrawal

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2336 of 2016 • Janak Singh, S/o Late Maku Singh, aged about 59 years, R/o Village Kunkuri, Tahsil Kunkuri, District Jashpur (CG) ---- Petitioner

Versus

1. Ajay Kumar Agrawal, aged about 55 years, S/o Purshottam Das Agrawal.

2. Manoj Kumar Agrawal, aged about 46 years, S/o Purshottam Das Agrawal, Both R/o Village Kunkuri, Tahsil Kunkuri, District Jashpur (CG)

3. State of Chhattisgarh, through the Collector, Jashpur.

4. Board of Revenue, Chhattisgarh Bilaspur (CG)

5. Commissioner, Sarguja Division, Ambikapur (CG)

6. Sub Divisional Officer (Revenue) Kunkuri, District Jashpur (CG)

7. Tahsildar, Kunkuri, District Jashpur (CG) ---- Respondent For Petitioner : Shri Ravindra Agrawal, Advocate.

For Respondent/State : Shri Arun Sao, Deputy AG. Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 19/09/2016

1. It is argued that an order has already been passed by the concerned Revenue Authority for removal of encroachment made by respondents 1

and 2, however, revision application preferred by respondents 1 and 2 is still pending consideration before the Board of Revenue. It is further submitted that neither the Board of Revenue has passed any interim order in favour of the petitioner nor interim order is operative in the pending Second Appeal, therefore, the Revenue authorities should have proceeded to remove construction on Government land.

2. In view of the pendency of the revision application before the Board of Revenue, the Writ Petition is disposed of with a direction to the Board of Revenue to decide pending revision application preferred by respondents 1 and 2, at the earliest, preferably within a period of 3 months from today. Based on the order passed by the Board of Revenue, subordinate revenue authorities shall proceed to comply with the order for removal of encroachment on Government land. Sd/- Judge (Prashant Kumar Mishra) Barve