High Court Of ChhattisgarhWPC/3314/2020disposed off

Krishna Kumar Agrawal v. State Of Chhattisgarh

2020-12-17Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3314 of 2020 • Krishna Kumar Agrawal S/o Late Shri Sadhuram Agrawal Aged About 44 Years R/o Ward No. 05, Naya Baradwar, District Janjgir-Champa, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary Revenue And Disaster Management, Mahanadi Bhawan, Mantralaya, Atal Nagar, Chhattisgarh

2. Collector Janjgir-Champa District- Janjgir-Champa, Chhattisgarh

3. Sub Divisional Officer Champa District Janjgir-Champa, Chhattisgarh

4. National Highway Authority Of India Limited Office At Abhilasha Parisar New Bus Stand Bilaspur, Chhattisgarh

5. Collector Department Of Foods Janjgir District Janjgir-Champa, Chhattisgarh ---- Respondents For Petitioner :

Mr. T.K. Jha, Advocate For State :

Mr. Gagan Tiwari, G.A.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 17.12.2020

1. Heard.

2. Learned counsel for the petitioner submits that the petitioner was served with a notice on 11.12.2020 (Annexure P/1) whereby he was asked to appear on 14.12.2020. Though the petitioner is raising construction on his own land, but as per the report of Revenue Inspector and the Patwari purport that the land construction is being raised over land Khasra No. 452, 453/1 and 453/2. It is stated that the application for the diversion is

already pending. He submits that the Patwari and the Revenue Inspector has not supplied him the report on which the notice has been issued, therefore, in order to reply the notice the copy issued by the Revenue Inspector and Patwari should be supplied to the petitioner and no demolition be carried out without that and the respondents may not forcefully demolish the super-structure.

3. Perused the documents. Looking to the facts of this case, it is directed that the petitioner may appear before the SDO to answer the said notice and since the notice is issued on the report of Revenue Inspector and the Patwari, the copy of the said report i.e. the report of Revenue Inspector and Patwari should be supplied to the petitioner and thereafter, after hearing, the necessary orders may be passed. Till such proceedings are completed, no forceful demolition be carried out.

4. With the aforesaid direction/ observation, writ petition stands disposed off.

Sd/- (Goutam Bhaduri) JUDGE Vishakha