Sitendra Narayan Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR • Sitendra Narayan Singh S/o Hiralal Singh, Aged About 44 Years Caste Gond, R/o Gram Post Patna, Sub Tehsil Patna, District Korea (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mahanadi Mantralaya, Atal Nagar, Naya Raipur, Post OfÏce And Police Station Naya Raipur, District Raipur Chhattisgarh

2. Collector, Baikunthpur, District Korea Chhattisgarh

3. Sub Divisonal OfÏcer (Revenue), Baikunthpur, District Korea (Chhattisgarh)

4. Naib Tahsildar, Sub Tehsil Patna, District Korea (Chhattisgarh)

5. Shakuntala Raj, D/o Hariram Raj, Aged About 40 Years Caste Gond

6. Mohd. Imran Khan, S/o Mohd. Hafiz Khan, Aged About 34 Years Caste Muslim

7. Mohd. Hamid Khan, S/o Mohd. Hanif Khan, Aged About 30 Years Caste Muslim, Respondents 5 to 7 are R/o Gram Patna, Sub Tehsil Patna, District Korea (Chhattisgarh) ---- Respondent For Petitioner Mr. Anuroop Panda, Advocate For Respondent/State Ms. Astha Shukla, Panel Lawyer SB.: Hon'ble Mr. Justice Rajendra Chandra Singh Samant

Order On Board 20/10/2021

1. Heard.

2. This petition has been brought on account of inaction of respondent No.4 on the application dated 11.8.2021 filed by the petitioner for execution of the order dated 5.7.2021 (Annexure P/3) directing restoration of possession in favour of the petitioner in respect of the disputed property.

3. As per the submission of learned counsel for the petitioner, after passing of the order dated 5.7.2021, the private respondents have not complied with the order and have not handed over the disputed property to the petitioner. Thus, the application of the petitioner dated 11.8.2021 has although been received and acknowledged, but no proceedings have been drawn on the basis of the application for execution of the order dated 5.7.2021 for restoration of possession. Hence, this petition has been filed by the petitioner.

4. Learned State Counsel appearing for respondents 1 to 4 opposes the submissions of learned counsel for the petitioner and submits that appropriate orders be passed.

5. After considering the submissions and perusal of the documents filed along with the petition, the writ petition is

disposed off at the motion stage itself. Looking to the order passed in favour of the petitioner by respondent No.4 for restoration of possession of the disputed property, it is directed that respondent No.4 shall take up the proceedings on the application filed by the petitioner on 11.8.2021 for execution of the order dated 5.7.2021 and conclude the proceedings expeditiously within a period of 6 months.

6. The writ petition is disposed off.

Sd/- ( Rajendra Chandra Singh Samant) Judge Shyna