High Court Of ChhattisgarhCRMP/1522/2017dismissed

Mohd. Ameen Qureshi v. Smt. Naima Khan

2017-11-02Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1522 of 2017

1. Mohd. Ameen Qureshi S/o Late Hanif Qureshi Aged About 65 Years

2. Mohd. Jubair Shah S/o Mohd. Ameen Qureshi Aged About 40 Years

3. Sher Ali S/o Ameen Qureshi Aged About 35 Years

4. Farida W/o Ameen Qureshi Aged About 55 Years All are R/o Near Nuri Masjid, Behind The House Of Sufi Baba, Farid Nagar, Kohka, Bhilai, Police Station Supela District Durg Chhattisgarh ---- Petitioners

Versus

1. Smt. Naima Khan W/o Pasha Baraktulla Khan At Present Resident Of Netaji Subhash Road, Beside Prashanti Mohalla Kota, Raipur District Raipur Chhattisgarh

2. The Sub Divisional Magistrate, Chhawni District Durg Chhattisgarh ---- Respondents For Petitioners :

Shri Arvind Dubey, Advocate For Respondent-State :

Shri Ramakant Pandey, PL for the State Hon'ble Shri Justice Goutam Bhaduri Order On Board 02/11/2017

1. Heard.

2. The instant petition is against the rejection of interim application dated 12.04.2017, passed by the Revisional Court i.e. the VIIth Additional Sessions Judge, Durg.

3. Respondent No.1 had filed an application/complaint alleging that the petitioners have encroached upon the land of easement, wherein the

demarcation was carried out by the Sub Divisional Magistrate, Chhawni District Durg, and the S.D.O. has directed the petitioners for removal of such construction holding that the petitioners have encroached upon the land and constructed the house. Against such order, a revision was filed along with the interim petition for stay of the order of the S.D.O., which was dismissed and the same is under challenge before this Court.

4. After arguing for sometime, learned counsel for the petitioners submits that further sometime may be given to remove the construction and in the meanwhile, the Court may decide the revision.

5. Considering the report of the S.D.O., I am not inclined to stay the effect & operation of the orders of the court, however, further 45 days time is given to the petitioners to remove such encroachment. It is further observed that the revisional Court may decide the revision as expeditiously as possible. The petition has no merits as such is dismissed at the motion stage itself. Sd/- Goutam Bhaduri Judge Ashu