High Court Of ChhattisgarhCONT/1162/2018disposed off

Ramanlal Vishal v. Smt. Sammi Aabdi

2019-09-05Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

CONT No. 1162 of 2018 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 1162 of 2018

1. Ramanlal Vishal S/o Lambodar Vishal Aged About 63 Years R/o Gram Bar, Thana - Sariya, Tehsil - Baramkela, District Raigarh Chhattisgarh.

2. Chaitanya Prasad Nayak S/o Shri Achayutanand Nayak Aged About 90 Years R/o Gram Bar, Thana - Sariya, Tehsil - Baramkela, District Raigarh Chhattisgarh.

---- Petitioners

Versus

1. Smt. Sammi Aabdi Tatkalik Collector, Raigarh, District Raigarh Chhattisgarh.

2. Shri Yashwant Kumar Vartaman Collector Raigarh, District Raigarh Chhattisgarh.

---- Respondents For Petitioner(s) :- Shri Abdul Wahab Khan, Advocate For Respondent(s) :- Ms. Naushina Afrin Ali, Advocate Order On Board By Hon'ble Shri Justice Prashant Kumar Mishra 05/09/2019

1. The present Contempt Petition arises out of the order dated 10.03.2015 in WPC No.427 of 2015. Under the said order this

CONT No. 1162 of 2018 Court had directed the respondent to decide the petitioner's representation which he had filed for removal of encroachment over government land ad-measuring 5.685 Hectares.

2. Return filed by the respondent would demonstrate that proceedings under Section 248 of C.G. Land Revenue Code, 1959 were initiated and final order against the encroachers has already been passed.

3. Petitioner had previously preferred a Contempt application bearing Cont Case(C) No. 356 of 2015 which was disposed of on the statement made by the then Collector that the contempt has been purged. Moreover, applicant No.2, herein, had filed another Writ Petition bearing WPC No.1947 of 2017 for similar relief as was earlier prayed in the earlier Writ Petition and on this occasion also the Writ Petition was disposed of on the statement made by learned State counsel that order for removing encroachment has already been passed by the Competent Authority.

4. In view of the above, the order passed by this Court has been sufficiently complied with, therefore, the Contempt Petition is disposed of reserving liberty in favour of petitioner to maintain an independent action, if the encroachers are still possessed of the subject government land.

SD/- (Prashant Kumar Mishra) Judge Ayushi