Munnalal Malwiya v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (C) NO. 4761 OF 2019 Munnalal Malwiya, S/o Late Lakhan Lal, aged about 61 years, R/o near Kumhar Para, Ward No.10, P.S. Patan, District Durg (CG) ... Petitioner versus 1.

State of Chhattisgarh, through the Secretary, Department of Revenue and Disaster Management, Mahanadi Bhavan, New Mantralaya, Naya Raipur, District Raipur (CG) 2.

Nagar Panchayat, Patan, through its Chief Municipal Officer, Patan, District Durg. 3.

Tahsildar, Patan, District Raigarh (CG) 4.

Pawan Dewangan, S/o Mohan Lal Dewangan, R/o Purana Bazar Chowk, Patan, Tahsil Patan, District Durg (CG) ... Respondents For Petitioner :

Mr. Varun Sharma, Advocate.

For Respondents/State :

Ms. Sunita Jain, Govt. Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 06/02/2020 1.

Grievance of the petitioner seems to be the illegal construction and encroachment being carried out by respondent no.4 over the government land and also the inaction on the part of the respondent no.3 in not concluding the enquiry which is underway so far as the alleged encroachment part is concerned.

2.

Petitioner prays for an appropriate direction to respondent no.3 for an early conclusion of the enquiry in Case No. 103/B-121/2016-17 and has also sought for the restoration of his possession over the plot alloted to him. 3.

Given the said facts and circumstances, this Court is of the opinion that as of now ends of justice would meet if respondent no.3 is directed to conclude the aforementioned enquiry at the earliest, preferably within a period of four months from the date of receipt of copy of this order and thereafter the respondents no. 2 and 3 shall take appropriate steps for necessary compliance of the findings given in the enquiry. 4.

It shall be the responsibility of the petitioner to apprise the respondent no.3 so far as the order passed this Court today is concerned and the respondent no.3 is also expected to render all cooperation and assistance for the early conclusion of the enquiry. 5.

The writ petition accordingly stands disposed of. Sd/- (P. Sam Koshy) Judge /sharad/