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High Court Of ChhattisgarhWPC/2416/2018dismissed

Ram Lal Rajwade v. State Of Chhattisgarh

2018-08-29Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2416 of 2018 • Ram Lal Rajwade Bhaiya Lal Rajwade Aged About 49 Years R/o Village Kaushalpur, Police Station And Tahsil Ramanujnagar District Surajpur Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary Rural Development Department Mantralaya Mahanadi Bhawan Naya Raipur Chhattisgarh

2. Collector, Surajpur District Surajpur Chhattisgarh

3. Land Acquisition Officer/ Upper Collector, Ambikapur, District Surguja Chhattisgarh

4. Senior Manager Surguja Rail Corridor Private Limited, Behind Shyam Mandir Ketka Road Surajpur District Surajpur Chhattisgarh

5. Jay Prakash S/o Ram Sagar, Aged About 36 Years, R/o Village Kaushalpur Tahsil Ramanujnagar District Surajpur Chhattisgarh

6. Jaffar Haider Aged About 40 Years, R/o Village Manpur Tahsil Surajpur District Surajpur Chhattisgarh

7. Avinash Yadav S/o Rampal, Aged About 36 Years R/o Village Jhalarpara District Surajpur Chhattisgarh ---- Respondent For Petitioner Shri V. K. Pandey, Advocate For Respondent-State Shri P. K. Bhaduri, GA Hon'ble Justice Mr. Prashant Kumar Mishra Order On Board 29/08/2018 1.

For the fact that patch of land involved in this petition is already a subject matter before the Civil Court in a suit filed by the petitioner, wherein temporary injunction has already been allowed

in his favour, the writ petition is not maintainable. 2.

It goes without saying that in the event, the respondents are disobeying the order of temporary injunction, the petitioner has remedy available to him under the Code of Civil Procedure itself for initiating proceedings in the matter.

3.

The writ petition is not maintainable. It is accordingly dismissed, subject however to the observation as above.

Sd/- Prashant Kumar Mishra Judge Nirala