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High Court Of ChhattisgarhWPC/3023/2018dismissed

Janki Van Mandir v. The State Of Chhattisgarh

2018-10-30Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3023 of 2018 • Janki Van Mandir Viptara, A Public Trust, Through Its President Krishna Kumar Chandrawanshi, Aged About 65 Years, S/o Jodhan Singh Chandravanshi, R/o Village- Singhanpuri, PostBudha, Police Station- Pipariya, Tahsil- Kawardha, DistrictKabirdham, Chhattisgarh., District : Kawardha (Kabirdham), Chhattisgarh ---- Petitioner

Versus

1. The State Of Chhattisgarh Through Secretary Revenue And Disaster Department, Mahanadi Bhawan, Naya Raipur, DistrictRaipur, Chhattisgarh., District : Raipur, Chhattisgarh

2. The Collector Through Kawardha, District- Kabirdham, Chhattisgarh., District : Kawardha (Kabirdham), Chhattisgarh

3. Sub Divisional Officer Cum Registrar Through Public Trust, Kawardha, District- Kabirdham, Chhattisgarh., District : Kawardha (Kabirdham), Chhattisgarh

4. Tahsildar Through Kawardha, District- Kabirdham, Chhattisgarh., District : Kawardha (Kabirdham), Chhattisgarh

5. Chandrabhan Mishra S/o Ramanuj Mishra R/o Village- Viptara, Post- Matka, Police Station- Pipariya, Tahsil- Kawardha, DistrictKabirdham, Chhattisgarh., District : Kawardha (Kabirdham), Chhattisgarh ---- Respondents For Petitioner Shri Parag Kotecha, Advocate For Respondent-State Shri Shashank Thakur, GA Hon'ble Justice Mr. Prashant Kumar Mishra Order On Board 30/10/2018 1.

The impugned order (Annexure-P-8) has been passed pursuant to the direction issued by this Court in para 6 of the order dated 12.09.2018 in WPC No.1280/2013.

2.

Learned counsel for the petitioner would submit that the matter has not been resolved in the presence of both the parties as directed by this Court in para 5 of the order. 3.

The impugned order (Annexure-P-8) and the holding of meeting of both the parties by the Registrar, Public Trust, Kawardha are two separate actions to be taken by the Registrar pursuant to the order passed by this Court in para 5 and 6. The Registrar, Public Trust has not yet decided the matter after holding meeting of both the parties as directed in para 5, therefore, to that extent, the writ petition is pre-mature. In respect of order (Annexure-P-8), suffice it would be to mention that the same has been passed pursuant to the direction of this Court, therefore, the order is neither illegal nor arbitrary or irrational.

4.

The writ petition is dismissed.

Sd/- Prashant Kumar Mishra Judge Nirala