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2025 DAILYLAW 14843 (CHH)

AMAN DAKHA v. STATE OF CHHATTISGARH

WPC/1573/2025 · 2025-03-24

Shri Amitendra Kishore Prasad

body2025

Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1573 of 2025 1 - Aman Dakha S/o Late Mohan Dakha Aged About 32 Years R/o Rajeev Nagar, Ward No. 08, Dongargarh, District- Rajnandgaon (C.G.) 2 - Karan Dakha S/o Late Mohan Dakha Aged About 37 Years R/o Rajeev Nagar, Ward No. 08, Dongargarh, District- Rajnandgaon (C.G.) 3 - Kunal Dakha S/o Late Mohan Dakha Aged About 35 Years R/o Rajeev Nagar, Ward No. 08, Dongargarh, District- Rajnandgaon (C.G.) 4 - Smt. Darshika Khobragade W/o Late Sanghratna Khobragade Aged About 39 Years R/o Rajeev Nagar, Ward No. 08, Dongargarh, District- Rajnandgaon (C.G.) ... Petitioners versus 1 - State of Chhattisgarh Through Secretary, Department of General Administration, Mantralaya, Mahanadi Bhawan, New Raipur, District- Raipur (C.G.) 2 - Collector Rajnandgaon, District- Rajnandgaon (C.G.) 3 - Sub-Divisional Officer (Revenue) Dongargarh, District- Rajnandgaon (C.G.) 4 - Additional Tahsildar Dongargarh District- Rajnandgaon (C.G.) ... Respondents (Cause title is taken from Case Information System) For Petitioners : Shri Navin Shukla, Advocate For State/Respondents : Shri Raj Kumar Gupta, Additional Advocate General Digitally signed by GOPAL SINGH Date: 2025.03.24 17:01:14 +0530 2 Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 24/03/2025 1. By the instant petition, the petitioners seek the following reliefs: “10.1 That, this Hon'ble Court may kindly be pleased to call for the entire record concerning the case of the petitioner from the respondent authorities for its kind perusal. 10.2 That this Hon'ble Court may kindly be pleased to direct the respondent authorities to provide alternative arrangement before evicting them from their houses with their families, on which they are residing for the last 40 years. 10.3 That this Hon'ble Court may kindly be pleased to direct the respondent authorities to provide adequate compensation to the petitioners in lieu of the proposed demolition. 10.4 Any other relief or relief(s) which this Hon'ble Court may deem fit or proper in the facts and circumstances of the case.” 2. Learned counsel appearing for the petitioners submits that since notice was issued on 17.3.2025 and the last date was given for today, i.e., 24.3.2025 to remove the encroachment made by the petitioners, as such the concerned Tahsildar is directed not to remove the encroachment made by the petitioners. The petitioners are directed to file an appropriate application before the concerned Additional Tahsildar, Dongargarh tomorrow itself and in turn the Tahsildar is directed to decide the said application of the petitioners in accordance with law within 15 days from submission of the said application and the Tahsildar may also see the aspect whether the petitioners can be given 3 any other place for running their livelihood. This order is in respect of all the petitioners as, according to the petitioners, all of them belong to one family. 3. With the aforesaid observations and directions, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) JUDGE Gopal Singh