High Court Of ChhattisgarhWPC/3057/2020disposed off

Homprasad Dixit v. State Of Chhattisgarh

2021-01-04Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3057 of 2020 • Homprasad Dixit S/o Shri Badri Prasad Dixit Aged About 69 Years R/o Village Parsada, Presently Residing At Achanakpur, Chakarbhatha Camp, Tahsil Bilha, District Bilaspur (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Revenue, Mahanadi Bhavan Mantralaya, Atal Nagar, Raipur, District Raipur (Chhattisgarh)

2. Nayab Tahsildar Bilha, District Bilaspur (Chhattisgarh)

3. Siyaram Kewat S/o Ramsingh Kewat, R/o Village Bramhanpara Parsada (Bhatgaon), Post Bitkuli, Tahsil Bilha, District Bilaspur (Chhattisgarh)

4. Anil Kewat S/o Siyaram Kewat R/o Village Bramhanpara Parsada (Bhatgaon), Post Bitkuli, Tahsil Bilha, District Bilaspur (Chhattisgarh) ---- Respondents For Petitioner :

Shri N.K. Chatterjee, Advocate For Respondents/State :

Ms. Sunita Jain, GA Hon'ble Shri Justice Goutam Bhaduri Order 04/01/20

1. Heard.

2. Learned counsel for the petitioner submits that the petitioner has filed an application before the Nayab Tehsildar complaining against respondents No.3 & 4 that certain illegal constructions are being made. He would further submit that the said proceedings started in the year 2017 and was pending before the Nayab Tehsildar for want of report from the Tehsildar and Patwari. He would further submit that the Patwari has already filed the report, however, the orders

are not being passed, therefore, the Nayab Tehsildar may be directed to pass the order.

3. Learned State counsel went through the report of the Tehsildar which is at page 36.

4. Considering the submission of the parties without any comment on the merit of the report or about the construction since it appears that the report has already been filed by the Patwari which also finds place in the order-sheet dated 13.02.2019, the Nayab Tehsildar is directed to decide the application of the petitioner within a further period of 45 days from the date of receipt of copy of this order.

5. With the aforesaid observation, the writ petition stands disposed of. SD/Sd/-- Goutam Bhaduri Judge Ashu