Smt. Vinita Choubey v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1892 of 2015

1. Smt. Vinita Choubey W/o Shri Dilip Kumar Choubey, Aged About 44 Years R/o Ward No.5, Chandrashekhar Azad Ward, Ramanujganj, Police Station And Tahsil Ramanujganj, District Balrampur- Ramanujganj, (Chhattisgarh)

2. Ramprasad Yadav, S/o Asarfi Yadav, Aged About 58 Years R/o Ward No.3, Balrampur, Police Station And Tahsil Balrampur, District BalrampurRamanujganj, (Chhattisgarh) ---- Petitioners

Versus

1. State Of Chhattisgarh Through The Secretary, Panchayat And Rural Development Department, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur, (Chhattisgarh)

2. The Collector, District Balrampur- Ramanujganj, (Chhattisgarh)

3. The Chief Executive Officer, Zila Panchayat, District Balrampur- Ramanujganj, (Chhattisgarh)

4. The Chief Executive Officer, Janpad Panchayat Balrampur, District Balrampur Ramanujganj (Chhattisgarh)

5. The Executive Engineer, Rural Engineering Service, Balrampur Division, District Balrampur Ramanujganj (Chhattisgarh)

6. M/s Om Construction, Through Proprietor Om Prakash Jaiswal, A- Class Contractor, Shivdhari Colony, Ambikapur, P. S. & Tahsil Ambikapur, District Surguja (Chhattisgarh) ---- Respondents For Petitioners :

Shri Manoj Mishra, Advocate.

For State :

Shri D.R. Minj, Dy. G.A.

Order On Board 16/10/2015 Heard.

1.

Learned counsel for the petitioners submits that the respondent authorities have awarded work of construction of market shed to respondent No.6 and in this process, a part of the land own and in possession of the petitioners, has also been identified.

Thereafter, respondent No.6 has started construction. It appears that the petitioners have given a representation to the Collector claiming that the construction is being raised on their land. The petitioners should submit a representation before the Executive Engineer, Rural Engineer Services, Balrampur Division, District-Balrampur-Ramanujganj within 10 days. Upon such application made, the Executive Engineer shall get the demarcation done on the date to be informed to the petitioners on the date on which, they submit their representation along with the copy of this order. Thereafter, depending upon the report of demarcation, appropriate steps shall be taken by the respondent authorities in the matter. If the petitioners are not satisfied with the action, it will be open for the petitioners to file suit seeking injunction. 2.

With the aforesaid observation, the petition is disposed off. Sd/- Manindra Mohan Shrivastava J U D G E Rekha