Rizwan Siddiqui v. The Commissioner

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2305 of 2018 • Rizwan Siddiqui S/o Abdul Aziz Siddiqui, Aged About 41 Years R/o Karona Chowk, Gondpara Tahsil Bilaspur, District Bilaspur Chhattisgarh ---- Petitioner

Versus

1. The Commissioner Municipal Corporation Bilaspur, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh

2. Tehsildar, Bilaspur, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh

3. Executive Engineer, Municipal Corporation Bilaspur, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Respondent For Petitioner Shri Rahul Sharma, Advocate For Respondent-State Shri Rajendra Tripathi, PL For Respondent No.1 Shri Pankaj Agrawal, Advocate Hon'ble Justice Mr. Prashant Kumar Mishra Order On Board 04/09/2018 1.

Learned counsel for the petitioner would submit that the Municipal Corporation, Bilaspur is raising construction of a community hall over the land, part of which belongs to the petitioner. He would further submit that on application being moved before the Commissioner, Municipal Corporation, Bilaspur for stoppage of construction, the Municipal Corporation, Bilaspur wrote back to the petitioner on 13.07.2018 directing him to seek

demarcation of the land in question and submit the same so that further action can be ascertained. Pursuant to the said letter of the Municipal Corporation, the petitioner has moved application for demarcation before the Tehsildar, Bilaspur on 25.07.218, which is still pending consideration. However, in the meanwhile, the Municipal Corporation is hurrying up the construction activity, therefore, if the entire construction is completed without the land being demarcated, the petitioner would suffer irreparable loss. 2.

It is settled that writ Court does not enter into dispute of civil nature, however, in the case at hand, the Municipal Corporation itself has directed the petitioner to get the land demarcated and his application before the Tehsildar, Bilaspur is pending, therefore, the writ petition is disposed of with direction to the Tehsildar, Bilaspur, the respondent No.2, to complete the demarcation at the earliest, preferably within a period of 15 days from today.

3.

The petitioner as well as learned State counsel shall inform the Tehsildar, Bilaspur about this order within 3 days. Sd/- Prashant Kumar Mishra Judge Nirala