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High Court Of ChhattisgarhWPC/4936/2021disposed off

Smt. Laxmin Bai v. State Of Chhattisgarh

2021-12-10Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 4936 of 2021

1. Smt. Laxmin Bai Wd/o Kamal Nayan, Aged About 65 Years (Since Dead) By Caste - Sonar, Through Power Of Attorney, Madhav Saraf S/o Late Shri Kamal Nayan, Present Aged About 48 Years, By Caste Sonar, R/o Village Balouda, Tahsil Balouda, District Janjgir - Champa Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through Collector, Janjgir, District Janjgir-Champa Chhattisgarh

2. Chief Municipal Officer, Balouda, District Janjgir - Champa Chhattisgarh ----Respondents For Petitioner :

Mr. Ajay Kumar Chandra, Advocate.

For State :

Mr. Astha Shukla, P.L.

Hon'ble Shri Justice P. Sam Koshy Order On Board 10.12.2021

1. The present writ petition has been filed seeking for the following reliefs. 10.1 That this Hon'ble Court may kindly be pleased to call for the entire records pertaining to the petitioner's case for kind perusal of this Hon'ble Court.

10.2 That this Hon'ble Court may kindly be pleased to direct the respondent No. 2 i.e. Chief Municipal Officer Balouda to construct the entrance gate near the Hanuman Kuti Sadak own expenses upon the disputed land on the basis of mutual consent in the interest of justice. 10.3 Any other relief this Hon'ble Court deem fit just and proper in the facts and circumstances of the case also be granted in favour of the petitioner.

2. The plain perusal of the relief sought for by the petitioner itself would show that a writ petition under Article 226 that too by a person whose fundamental right does not seem to have been infringed, would not be maintainable in the given set of facts.

3. The petitioner seems to have filed the present writ petition on the basis of some compromise decree that was passed in a Lok Adalat that was held on 01.11.2015.

4. Reserving the right of the petitioner to avail other appropriate remedies available to the petitioner, the present writ petition in its present form stands disposed of as not maintainable.

Sd/- P. Sam Koshy Judge Jyoti