High Court Of ChhattisgarhWPC/3389/2020disposed off

Smt. Siya Bai v. State Of Chhattisgarh

2021-01-12Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3389 of 2020

1. Smt. Siya Bai W/o Shri Sampat Lal, Aged About 52 Years, R/o Village Jaimura, Block Kharsia, District Raigarh Chhattisgarh.

2. Sampat Lal S/o Shri Kutaha, Aged About 55 Years R/o Village Jaimura, Block Kharsia, District Raigarh Chhattisgarh.

---- Petitioners

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Revenue, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur Chhattisgarh.

2. Collector Raigarh, District Raigarh Chhattisgarh.

3. Sub Division Officer (R) Kharsia, Block Kharsia, District Raigarh Chhattisgarh.

4. Tahsildar, Tahsil Kharsia, District Raigarh Chhattisgarh.

5. Sarpanch, Village Panchayat Jaimura, Tahsil Kharsia, District Raigarh Chhattisgarh. ---- Respondents For Petitioners :

Mr. Jeet Patel, Advocate For State :

Mrs. Astha Shukla, P.L.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 12/01/2021

1. Heard.

2. The only limited prayer of the petitioners in the present writ petition is that the petitioners are the landless person, they have constructed their house over a government land bearing Khasra No. 386/1. They have been served with a notice dated 11.11.2020 (Annexure P/1) wherein both of them were required to file their reply by 24.11.2020. The petitioners being landless person and belong to downtrodden grass root level, they

could not approach the Tehsildar and file their reply.

3. Learned counsel for the petitioners would submit that till date the proceeding has commenced after the notice of the Tehsildar dated 11.11.2020 (Annexure P/1) has not been concluded. Therefore, the limited prayer is made that the petitioner may be allowed to file their reply in the proceeding which is pending before the Tehsildar, Kharsia Distt. Raigarh.

4. Considering the limited prayer made, if the proceeding before the Tehsildar has not concluded which commenced with the notice dated 11.11.2020 (Annexure P/1), the petitioners may be given an opportunity to file their reply within a period of 30 days and after their reply is filed then the proceeding may be further decided in accordance with law.

5. With the aforesaid direction/ observation, the writ petition stands disposed off. SD/-/- Sd/- (Goutam Bhaduri) Judge gouri