Shriniwas Khediya v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (PIL) No. 66 of 2019 • Shriniwas Khediya, aged about 54 years, S/o Sanwaldas Khediya, R/o Vande Matram Apartment, Model Town, Ward No. 2, Bhilai, Tahsil, Civil & Revenue District Durg (C.G.), Mo. No. - 9329236111 ---- Petitioner

Versus

1. State of Chhattisgarh, Through Secretary Urban, Administration and Development Department, Mahanadi Bhawan, New Mantralaya Raipur, Police Station - Kewli, Civil & Revenue District Raipur (C.G.)

2. Collector, Durg, District Durg (C.G.)

3. Commissioner, Municipal Corporation Bhilai, District Durg (C.G.)

4. Superintendent of Police, Durg, District Durg (C.G.)

5. Dy. Superintendent of Traffic Police Bhilai, District Durg (C.G.) ---- Respondents For Petitioner :

Shri Ratnesh Kumar Agrawal, Advocate.

For Respondent/State :

Shri Sudeep Agrawal, Deputy Advocate General. Hon'ble Shri P. R. Ramachandra Menon, Chief Justice Hon'ble Shri Justice Parth Prateem Sahu, Judge Order on Board Per P. R. Ramachandra Menon, Chief Justice 17.02.2020 1.

The prayers are in the following terms:

"10.1 That, this Hon'ble Court may kindly be pleased to call for entire records concerning the present construction.

10.2 That, this Hon'ble Court may kindly be pleased to direct to the respondent authority to resolve the traffic problem and remove the encroachment upon the road at Bhilai City, District Durg (C.G.), is in the interest of justice.

10.3 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given."

2.

We have heard the learned counsel for the Petitioner as well as the learned Deputy Advocate General representing the State. 3.

The grievance is mainly with regard to the encroachment made to the Government property.

4.

The learned counsel for the petitioner submits that, despite filing Annexure P/3 representation before the District Collector, Durg no positive steps are being taken and the same is kept in cold storage, which made the petitioner to move this Court by filing the present writ petition. 5.

The learned Deputy Advocate General submits that the matter will be looked into and finalized, if pending, in accordance with law, as expeditiously as possible; after affording an opportunity of hearing to all concerned. 6.

In the above circumstance, we find it not necessary to go into the merits of the case. The second respondent is directed to consider the merit of Annexure P/3 representation with regard to the grievance projected therein and pass final order in accordance with law, after affording an opportunity of hearing to the petitioner and other interested parties, if any. This shall be done as expeditiously as possible, at any rate within 'three months' from the date of receipt of a copy of this judgment.

7.

The petitioner is directed to produce a copy of the judgment alongwith a copy of writ petition before the second respondent for further steps. 8.

The writ petition stands disposed off accordingly. Sd/- Sd/- (P. R. Ramachandra Menon) (Parth Prateem Sahu) Chief Justice Judge Brijmohan