Lalti Devi v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5354 of 2021 Lalti Devi W/o Shri Roshan Lal Paikra Aged About 51 Years R/o Village Uparpara, Post Sitapur Civil And Revenue District Surguja Chhattisgarh. ---- Petitioner
Versus
1. State Of Chhattisgarh Through Superintendent Of Police, Civil And Revenue District Surguja Chhattisgarh.
2. Tahsildar, Sitapur, Civil And Revenue District Surguja Chhattisgarh.
3. Station House Officer, Police Station Sitapur Civil And Revenue District Surguja Chhattisgarh.
---- Respondents For Petitioner/s :
Mr. Shailendra Ahuja, Advocate For State :
Ms. Priyamvada Singh, Dy. GA Hon'ble Shri Justice P. Sam Koshy Order on Board 21/12/2021 1.
The limited relief that the petitioner prays for is for appropriate direction to the respondents to ensure that the petitioner is provided necessary safety in the course of hearing making the construction at the plot which she has purchased for a registered sale deed on 14.10.2019. 2.
Contention of the petitioner is that she has purchased the land bearing Khasra No.499/3 measuring 0.056 hectares. The petitioner has purchased by a registered sale deed. The petitioner subsequently approached the Revenue authorities for transferring the land in her name and respondent no.2 vide order dated 26.05.2020 mutated the property in her name. The petitioner thereafter got the land diverted and intended to make certain construction on the aforesaid land. It is said that while the construction was started some unlawful elements in the locality and certain influential people intervened and demolished the construction
which the petitioner has started. She was also assaulted by them. Subsequently, the petitioner had approached the police Authorities for appropriate action and an FIR with crime no. 0260 at police station Sitapur was registered for offense punishable under Section 294, 506, 323, 447 & 435 of the IPC and appropriate proceedings are pending consideration before the concerned Court. The petitioner now intends to further continue with the construction. However, she has a strong feeling the people who have assaulted her at the first instance can again create hurdle in the process of her construction. She could again be assaulted physically, there is also a threat to her life. Contention of the petitioner is that some unlawful elements under the influence of certain real estate businessman are not permitting the petitioner to construct her house as they have their eye on the said land.
3.
Be that as it may, considering the limited relief that petitioner seeks and limited grievance that petitioner has, the writ petition at this juncture can be disposed of permitting the petitioner to proceed further with the construction of house on the land purchased by her and in the course of construction of the said house in case if there are any further interference from any unlawful element, the petitioner would be at liberty to approach the respondent no.1 & 3, who in turn shall immediately consider the grievance of the petitioner and shall provide for all necessary help and safety for the petitioner ensuring that she can undertake the construction work without any difficulty and hurdles. 4.
With the aforesaid direction to the respondent no.1 & 3, the writ petition at this juncture stands disposed of Sd/- (P. Sam Koshy) Judge Rohit