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2025 DAILYLAW 11475 (CHH)

SMT. PRABHAWATI SAHU v. STATE OF CHHATTISGARH

WPC/1250/2025 · 2025-03-06

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:11035 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1250 of 2025 1 Smt. Prabhawati Sahu W/o Late Mahipal Sahu Aged About 60 Years R/o Village - Sagarpur, Tahsil And P.S. - Baikunthpur, District - Koriya, Chhattisgarh 2 Neeta Sahu D/o Late Mahipal Sahu Aged About 39 Years R/o Village - Sagarpur, Tahsil And P.S. - Baikunthpur, District - Koriya, Chhattisgarh 3 Santosh Kumar Sahu S/o Late Mahipal Sahu Aged About 33 Years R/o Village - Sagarpur, Tahsil And P.S. - Baikunthpur, District - Koriya, Chhattisgarh ... Petitioner(s) versus 1 State Of Chhattisgarh Through Secretary, Department Of Revenue, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, Chhattisgarh 2 The Collector Koriya District - Koriya, Chhattisgarh 3 The Sub Divisional Officer (Revenue) Baikunthpur, District - Koriya, Chhattisgarh JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.03.06 16:15:38 +0530 2 4 The Tahsildar Baikunthpur, District - Koriya, Chhattisgarh 5 Gram Panchayat, Sagarpur Through Its Sarpanch, Village - Sagarpur, Baikunthpur, District - Koriya, Chhattisgarh ... Respondent(s) For Petitioner(s) :Shri Pushkar Sinha, Advocate For Respondent(s)/ State : Shri Khulesh Sahu, P.L. Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 06/03/2025 Heard. 1. By the present writ petition, the petitioners, are seeking a direction towards the inaction on the part of the respondent No. 2, who is not acting on the representation submitted by the petitioners on 27.11.2024, wherein the petitioners have raised their grievance before the Collector, alleging that the Gram Panchayat, Sagarpur (respondent No. 5) is raising construction of water head tank and boundary wall over the private land of the petitioners bearing khasra No. 369, admeasuring 30 dismil situated at village Sagarpur, Tehsil Baikunthpur, District Koriya. 3 2. Learned counsel for the petitioners by referring to Khasra Panchshala and photographs (Annexure P-2) submits that Gram Panchayat is raising construction of water head tank and boundary wall on the land in spite of the fact that the said land is owned by the petitioners without acquisition of the land. He further submits that the Gram Panchayat, Sagarpur (respondent No. 5) has encroached upon the land of the petitioners and has started construction. He further submits that the petitioners have being approaching the authorities including the Collector, Superintendent of Police of the District but no action has been taken upon the illegal act which is being done by respondent No. 5. 3. Learned State counsel would submit that the Collector, Koriya will look into the grievance of the petitioner immediately within a period of 3 days from today by making spot inspection, in presence of petitioners, as well as the office bearers of the Gram Panchayat and the grievance of the petitioners will be redressed, in accordance with law. 4. I have heard learned counsel for the parties and perused the documents and the photographs annexed along with the petition. 5. Perusal of the photographs shows that the Gram Panchayt is raising construction over the private land of the petitioners and inspite of the request of the petitioners no action has been taken by the District administration. 4 6. Considering the same, it is directed that the Collector, Koriya (respondent No. 2) shall look into the grievance of the petitioners by making spot inspection of the land in question which is owned by the petitioners within 3 days, in presence of the petitioners and office bearers of Gram Panchayat and he shall take necessary steps in accordance with law to redress the grievance raised by the petitioners. 7. With the aforesaid observation, the petition stands disposed off. 8. The petitioner is at liberty to apprise the Collector, Koriya about the order of this Court. Sd/- (Bibhu Datta Guru) JUDGE Jyoti