Radhika Dixena v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3668 of 2019
1. Radhika Dixena, W/o Shri Bhushan Lal Dixena, Aged About 58 Years, Ward Member of Ward No. 6, Nagar Palika Parishad, Katghora, District : Korba, Chhattisgarh ---- Petitioner
Versus
1. State Of Chhattisgarh Through Secretary, Urban Administration And Development Department, Mantralaya, Atal Nagar, New Raipur, District : Raipur, Chhattisgarh
2. The Chief Municipal Officer, Nagar Palika Parishad, Katghora, District Korba, Chhattisgarh.
3. The Chief Executive Officer, Janpad Panchayat, Katghora, District : Korba, Chhattisgarh ........Respondents For Petitioner :
Mr. S.R.J. Jaiswal, Advocate For State :
Mr. Ashutosh Mishra, Panel Lawyer Hon'ble Shri Justice P. Sam Koshy Order on Board 16.10.2019
1. The present Writ Petition has been filed seeking for the following relief: "10.2 That this Hon'ble Court may kindly be pleased to direct the respondent authorities to direct the respondent authorities to forthwith remove the illegal construction on complex being done by respondent no. 3 over the land bearing khasra no. 234 total area 2.39 acres situated at Ward No. 6, Rajeev Nagar, New Bus Stand, Katghora, District-Korba, (C.G.)."
2. At the outset, this Court is of the opinion that no strong case has been made-out by the petitioner calling for issuance of writ to the Respondent.
3. Another reason for which, this Court is not inclined to entertain the Writ Petition is that the petitioner does not seem to be an aggrieved person,
as no personal right of the petitioner is getting adversely affected which has led to the filing of the petition, approaching the Writ Court under Article 226 of the Constitution of India.
4. The Writ Petition can be filed only, when a right of the petitioner is adversely affected by any action on the part of the respondents.
5. The Writ Petition accordingly stands rejected. However, the right of the petitioner stands reserved to approach the concerned authorities under the provisions of law for ventilating her grievance. Sd/- (P. Sam Koshy) Judge Rahul