Suraj v. State Of Chhattisgarh
-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (C) No. 2775 of 2020
1. Lutan Ram Sahu S/o Balad Ram Sahu Aged About 43 Years R/o Virendra Nagar, Akashwani Basti, Saraipali Police Station Saraipali, District
1. State Of Chhattisgarh Through The Secretary, Department Of Urban Administration And Development, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh
2. The Collector District Mahasamund Chhattisgarh WPC No. 2776 of 2020 • Jaspal Singh Uboveja S/o Harbhajan Lal Uboveja Aged About 57 Years Resident Of Udiyapara, Saraipali, Police Station- Saraipali, DistrictDevelopment Department, Mahanadi Bhawan, Mantralaya, New Raipur,
2. The Collector District- Mahasamund, Chhattisgarh
3. The Chief Municipal Officer Nagar Palika Parishad, Saraipali, District4. The Sub-Divisional Officer (Revenue) Saraipali, District- Mahasamund,
5. The Tahsildar, Saraipali District- Mahasamund, Chhattisgarh WPC No. 2777 of 2020 Mohd. Naushad Ansari S/o Mohd. Yusuf, Aged About 45 Years R/o Ward No. 8, Saraipali, Police Station Saraipali, District Mahasamund Chhattisgarh, District : Mahasamund, Chhattisgarh
-2Chhattisgarh, District : Raipur, Chhattisgarh
2. The Collector, District Mahasamund Chhattisgarh., District : Mahasamund,
3. The Chief Municipal Officer, Nagar Palika Parishad, Saraipali, District Mahasamund Chhattisgarh, District : Mahasamund, Chhattisgarh
4. The Sub Divisional Officer (Revenue), Saraipali, District Mahasamund Chhattisgarh, District : Mahasamund, Chhattisgarh
5. The Tahsildar, Saraipali, District Mahasamund Chhattisgarh, District : WPC No. 2778 of 2020 • Devdarshan Kanungo S/o Subodh Kanungo Aged About 38 Years R/o Udiyapara, Saraipali, Police Station Saraipali, District Mahasamund
1. State Of Chhattisgarh Through The Secretary, Department Of Urban Administration And Development, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh
2. The Collector District Mahasamund Chhattisgarh WPC No. 2779 of 2020 • Anand Agrawal S/o Shri Omprakash Agrawal, Aged About 45 Years R/o Block Colony, Mahalpara, Saraipali, Police Station - Saraipali, District - Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh
1. State Of Chhattisgarh, Through The Secretary, Urban Administration And
2. The Collector, District - Mahasamund Chhattisgarh., District :
3. The Chief Municipal Officer, Nagar Palika Parishad, Saraipali, District - Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh
4. The Sub - Divisional Officer (Revenue), Saraipali, District - Mahasamund
-35. The Tahsildar, Saraipali, District - Mahasamund Chhattisgarh., District : WPC No. 2780 of 2020 • Sanjay Padhi S/o Hanuveer Padhi Aged About 50 Years R/o Udiyapara, Dabripara, Saraipali, Police Station Saraipali, District Mahasamund
1. State Of Chhattisgarh Through The Secretary, Department Of Urban Administration And Development, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh
2. The Collector District Mahasamund Chhattisgarh WPC No. 2781 of 2020 • Prafful Kar S/o Sheshdev Kar Aged About 67 Years R/o Main Road, Jhilmila, Saraipali, Police Station Saraipali, District Mahasamund, Development Department, Mahanadi Bhawan, Mantralaya, New Raipur,
2. The Collector District Mahasamund, Chhattisgarh., District : Mahasamund,
3. The Chief Municipal Officer Nagar Palika Parishad, Saraipali, District Mahasamund, Chhattisgarh., District : Mahasamund, Chhattisgarh
4. The Sub-Divisional Officer (Revenue) Saraipali, District Mahasamund,
5. The Tahsildar Saraipali, District Mahasamund, Chhattisgarh., District : WPC No. 2782 of 2020 • Jagdish Mahant S/o Kirtan Mahant, Aged About 53 Years R/o Ward No. 12, R/o Udiyapara, Saraipali, Police Station - Saraipali, District - Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh
-41. State Of Chhattisgarh, Through The Secretary, Urban Administration And
2. The Collector, District - Mahasamund Chhattisgarh., District :
3. The Chief Municipal Officer, Nagar Palika Parishad, Saraipali, District - Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh
4. The Sub - Divisional Officer (Revenue), Saraipali, District - Mahasamund
5. The Tahsildar, Saraipali, District - Mahasamund Chhattisgarh., District : WPC No. 2783 of 2020 • Santosh Behra S/o Bhikhari Behra Aged About 45 Years R/o Ward No. 05, Saraipali, Police Station Saraipali, District Mahasamund Chhattisgarh
1. State Of Chhattisgarh Through The Secretary, Department Of Urban Administration And Development, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh
2. The Collector District Mahasamund Chhattisgarh WPC No. 2784 of 2020 • Ranjeet Singh S/o Nanak Singh Aged About 55 Years R/o Panchavan Marg, Jalamja, Saraipali, Police Station Saraipali, District Mahasamund Development Department, Mahanadi Bhawan Mantralaya, New Raipur
2. The Collector District Mahasamund Chhattisgarh., District : Mahasamund,
3. The Chief Municipal Officer Nagar Palika Parishad, Saraipali, District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh
-55. The Tahsildar Saraipali, District Mahasamund Chhattisgarh., District : WPC No. 2785 of 2020 • Jyotish Kumar Samantraoy S/o Mahadev Samantraoy Seth Aged About 58 Years R/o Panchavan Marg, Jhilmila, Saraipali, Police Station Saraipali, District Mahasamund, Chhattisgarh., District : Mahasamund, Chhattisgarh Development Department, Mahanadi Bhawan, Mantralaya, New Raipur,
2. The Collector District Mahasamund, Chhattisgarh., District : Mahasamund,
3. The Chief Municipal Officer Nagar Palika Parishad, Saraipali, District Mahasamund, Chhattisgarh., District : Mahasamund, Chhattisgarh
4. The Sub-Divisional Officer (Revenue) Saraipali, District Mahasamund,
5. The Tahsildar Saraipali, District Mahasamund, Chhattisgarh., District : WPC No. 2786 of 2020 • Vinayak Panigrahi S/o Bhagatram Panigrahi, Aged About 67 Years R/o Ward No. 9, Saraipali, Police Station Saraipali, District Mahasamund Chhattisgarh, District : Mahasamund, Chhattisgarh Chhattisgarh, District : Raipur, Chhattisgarh
2. The Collector, District Mahasamund Chhattisgarh, District : Mahasamund,
3. The Chief Municipal Officer, Nagar Palika Parishad, Saraipali, District Mahasamund Chhattisgarh, District : Mahasamund, Chhattisgarh Chhattisgarh, District : Mahasamund, Chhattisgarh
5. The Tahsildar, Saraipali, District Mahasamund Chhattisgarh, District : WPC No. 2787 of 2020 • Suraj S/o Sidhram Jaiswal Aged About 20 Years Resident Of Behind Taz Nagar, Saraipali, Police Station- Saraipali, District- Mahasamund,
-6Development Department, Mahanadi Bhawan, Mantralaya, New Raipur,
2. The Collector District- Mahasamund, Chhattisgarh
3. The Chief Municipal Officer Nagar Palika Parishad, Saraipali, District4. The Sub-Divisional Officer (Revenue) Saraipali, District- Mahasamund,
5. The Tahsildar, Saraipali District- Mahasamund, Chhattisgarh WPC No. 2788 of 2020 • Anirudh Mahapatra S/o Late Lingraj Mahapatra, Aged About 65 Years R/o Ward No. 12, Udiyapara, Saraipali, Police Station - Saraipali, District - Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh
1. State Of Chhattisgarh, Through The Secretary, Urban Administration And
2. The Collector, District - Mahasamund Chhattisgarh., District :
3. The Chief Municipal Officer, Nagar Palika Parishad, Saraipali, District - Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh
4. The Sub - Divisional Officer (Revenue), Saraipali, District - Mahasamund
5. The Tahsildar, Saraipali, District - Mahasamund Chhattisgarh., District : WPC No. 2789 of 2020 • Pritpal Singh Sasan S/o Mohan Singh Sasan Aged About 38 Years R/o Of House No. 9/143, Jhilmila Road, Saraipali, Police Station Saraipali, District Mahasamund, Chhattisgarh., District : Mahasamund, Chhattisgarh Development Department, Mahanadi Bhawan, Mantralaya, New Raipur,
2. The Collector District Mahasamund, Chhattisgarh., District : Mahasamund,
3. The Chief Municipal Officer Nagar Palika Parishad, Saraipali, District Mahasamund, Chhattisgarh., District : Mahasamund, Chhattisgarh
-74. The Sub-Divisional Officer (Revenue) Saraipali, District Mahasamund,
5. The Tahsildar Saraipali, District Mahasamund, Chhattisgarh., District : WPC No. 2790 of 2020 • Ashok Isngh S/o Kamta Singh Aged About 50 Years R/o Panchavan Marg, Jalamja, Saraipali, Police Station Saraipali, District Mahasamund
1. State Of Chhattisgarh Through The Secretary, Department Of Urban Administration And Development, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh
2. The Collector District Mahasamund Chhattisgarh WPC No. 2791 of 2020 • Sunita Mahapatra Wife Of Anil Mahapatra Aged About 43 Years Resident Of Ward No. 12, Udiyapara, Saraipali Police Station- Saraipali, DistrictMahasamund (Chhattisgarh), District : Mahasamund, Chhattisgarh (Chhattisgarh), District : Raipur, Chhattisgarh
2. The Collector District- Mahasamund (Chhattisgarh), District :
3. The Chief Municipal Officer Nagar Palika Parishad, Saraipali, DistrictMahasamund (Chhattisgarh), District : Mahasamund, Chhattisgarh
4. The Sub-Divisional Officer (Revenue) Saraipali, District- Mahasamund (Chhattisgarh), District : Mahasamund, Chhattisgarh
5. The Tahsildar Saraipali, District- Mahasamund (Chhattisgarh), District : WPC No. 2792 of 2020 • Manohar Saraf S/o Kishorchandra Saraf Aged About 49 Years R/o 110, Saraipali, Police Station Saraipali, District Mahasamund Chhattisgarh
-81. State Of Chhattisgarh Through The Secretary, Department Of Urban Administration And Development, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh
2. The Collector District Mahasamund Chhattisgarh WPC No. 2793 of 2020 • Amritlal Yadav S/o Late Punitram Yadav, Aged About 43 Years R/o Ward No. 12, Udiyapara, Saraipali, Police Station - Saraipali, District - Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh
1. State Of Chhattisgarh, Through The Secretary, Urban Administration And
2. The Collector, District - Mahasamund Chhattisgarh., District :
3. The Chief Municipal Officer, Nagar Palika Parishad, Saraipali, District - Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh
4. The Sub - Divisional Officer (Revenue), Saraipali, District - Mahasamund
5. The Tahsildar, Saraipali, District - Mahasamund Chhattisgarh., District : WPC No. 2794 of 2020 • Hemant Agrawal S/o Mahendra Agrawal Aged About 39 Years R/o School Para, Sanjay Nagar, Saraipali Police Station Saraipali, District
1. State Of Chhattisgarh Through The Secretary, Department Of Urban Administration And Development, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh
2. The Collector District Mahasamund Chhattisgarh
-9WPC No. 2796 of 2020 • Iqbal Khan Aged About 41 Years R/o Shastri Nagar, Jhilmila Ward No. 07, Saraipali Police Station Saraipali, District Mahasamund Chhattisgarh
1. State Of Chhattisgarh Through The Secretary, Department Of Urban Administration And Development, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh
2. The Collector District Mahasamund Chhattisgarh WPC No. 2799 of 2020 • Upendra Barik S/o Rameshwar Barik Aged About 46 Years Resident Of Nanakpali, Post- Chattigiroli, District- Mahasamund, Chhattisgarh Development Department, Mahanadi Bhawan, Mantralaya, New Raipur,
2. The Collector District- Mahasamund, Chhattisgarh
3. The Chief Municipal Officer Nagar Palika Parishad, Saraipali, District4. The Sub-Divisional Officer (Revenue) Saraipali, District- Mahasamund,
5. The Tahsildar Saraipali District- Mahasamund, Chhattisgarh WPC No. 2802 of 2020 Sitaram Seth S/o Sudhakar Seth Aged About 61 Years R/o Ward No. 9, Saraipali, Police Station Saraipali, District Mahasamund Chhattisgarh
1. State Of Chhattisgarh Through The Secretary, Department Of Urban Administration And Development, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh
2. The Collector District Mahasamund Chhattisgarh
-10WPC No. 2804 of 2020 • Chandan Bera S/o Bablu Bera Aged About 30 Years R/o Ward No. 13, Saraipali, Police Station Saraipali, District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh
2. The Collector District Mahasamund Chhattisgarh., District : Mahasamund,
3. The Chief Municipal Officer Nagar Palika Parishad, Saraipali, District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh
5. The Tahsildar Saraipali, District Mahasamund Chhattisgarh., District : WPC No. 2805 of 2020 • Surendra Yadav S/o Dhan Singh Yadav Aged About 52 Years R/o Ward No. 12, Saraipali, Police Station Saraipali, District Mahasamund, Development Department, Mahanadi Bhawan, Mantralaya, New Raipur,
2. The Collector District Mahasamund, Chhattisgarh., District : Mahasamund,
3. The Chief Municipal Officer Nagar Palika Parishad, Saraipali, District Mahasamund, Chhattisgarh., District : Mahasamund, Chhattisgarh
4. The Sub-Divisional Officer (Revenue) Saraipali, District Mahasamund,
5. The Tahsildar Saraipali, District Mahasamund, Chhattisgarh., District : WPC No. 2806 of 2020
-11- • Tilak Prasad Sahu S/o Kirtan Sahu, Aged About 54 Years R/o Ward No. 13, Saraipali, Police Station Saraipali, District Mahasamund Chhattisgarh, District : Mahasamund, Chhattisgarh Chhattisgarh, District : Raipur, Chhattisgarh
2. The Collector, District Mahasamund Chhattisgarh, District : Mahasamund,
3. The Chief Municipal Officer, Nagar Palika Parishad, Saraipali, District Mahasamund Chhattisgarh, District : Mahasamund, Chhattisgarh
4. The Sub Divisional Officer (Revenue), Saraipali, District Mahasamund Chhattisgarh, District : Mahasamund, Chhattisgarh
5. The Tahsildar, Saraipali, District Mahasamund Chhattisgarh, District : WPC No. 2807 of 2020 • Rambahadur Singh S/o Nathu Singh, Aged About 53 Years R/o Ward No. 2 Mahalpara, Saraipali, Police Station - Saraipali, District - Mahasamund
1. State Of Chhattisgarh, Through The Secretary, Urban Administration And
2. The Collector, District - Mahasamund Chhattisgarh., District :
3. The Chief Municipal Officer, Nagar Palika Parishad, Saraipali, District - Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh
4. The Sub - Divisional Officer (Revenue), Saraipali, District - Mahasamund
5. The Tahsildar, Saraipali, District - Mahasamund Chhattisgarh., District : ---- Respondents For Petitioners :
Shri Raghvendra Pradhan and Shri Vikas Pradhan, Advocates.
For Respondent-State :
Shri Mateen Siddiqui, Dy. Advocate General, Ms. Sunita Jain, GA, Shri Raghvendra Verma, GA, Shri Anand Verma Shri Sidharth Dubey, Ms. Richa Shukla and Ms. Akansha Jain, Dy. Govt.
Advocates.
-12Hon'ble Shri Justice P. Sam Koshy Order On Board 09.11.2020
1. These are bunch of writ petitions wherein the challenge is in respect of the notice issued by the respondent No.3 asking the petitioners to remove the small shop/Gumati which the petitioners have made to earn their livelihood. The period granted for vacating the said premises is 7 days.
2. According to counsel for the petitioners, many of the petitioners are people who are below poverty line and are earning their livelihood only from the small shop that they are running from the said places. It was further contention of the petitioners that they have been operating said shops for a pretty long time and at this juncture if the petitioners are removed from the said location they would be put to great hardship and the very existence of the petitioners and their dependents would be at stake.
3. The counsel for the petitioners further submits that if at all if the respondent No.3 intends to remove the petitioners from the present location, appropriate steps should have been taken ensuring rehabilitation of the petitioners, so that their livelihood should not get adversely affected. The counsel for the petitioners also submits that the State Government also has various schemes under which the petitioners can be granted an alternative location ensuring rehabilitation. The learned counsel appearing for the State at this juncture submits that no indefeasible rights as such has been established by the petitioners and from the pleadings of the petitioners itself, it clearly reflects that they have encroached upon the government land and have been using the same illegally and for which the respondent authorities have issued the notice.
4. Having heard the contentions put forth on the part of the petitioners and also upon hearing the counsel for the respondents, the admitted factual
-13matrix as it stands, there is no dispute so far as the petitioners not having any right created in their favour so far as the land over which they have constructed the shops and operating the same. Yet however the petitioners undisputedly have been operating the said shops for a considerable long period of time. If we read Annexure P/1 there does not appear to be any specific reason assigned by the authorities i.e. the respondent No.3 requiring the petitioners to be removed from the said location. It is also not the case of the respondents that the said location as of now is required for any public purpose also.
5. Learned counsel appearing for the petitioners submits that in few writ petitions the respondent authority i.e. the respondent No.5-Tehsildar has also made correspondence recommending the case of the petitioners for being alloted suitable government land on lease subject to petitioner's making requisite fees as prescribed by the State Govt. for grant of lease of government Nazool land. This aspect also is acceptable to some of the petitioners which also may be considered by the authorities in accordance with law at the earliest before being forcefully evicted from the present location.
6. Under the circumstances, this Court is of the opinion that the writ petitions at this juncture can be disposed of directing the petitioners to approach the respondents No.2,3 &5 by way of a fresh representation in addition to what they have already made and the respondents No 2,3 & 5 in turn shall consider the case of the petitioners sympathetically considering the fact that many of them are persons below poverty line and also do not have any other source of income except for the shops that they are operating and try to redress their grievances by granting some alternative location wherein they can rehabilitate themselves under any of the schemes that are in force in the State of Chhattisgarh. The petitioners can also offered
-14govt. Nazul land on their payment of the requisite fees as per the Govt. scheme.
7. Let the petitioners approach the respondents No. 2,3 & 5 within a period of 10 days from the date of receipt of the copy of this order. Meanwhile, purely as an interim measure till the respondents No. 2,3 & 5 take a decision on the representation so made, no coercive steps be taken against the petitioners pursuant to Annexure P/1.
8. With the aforesaid observations, all the writ petitions stand disposed of. Sd/- (P. Sam Koshy) Judge inder