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2025 DAILYLAW 15477 (CHH)

SUZANNE SCHAEFER v. STATE OF CHHATTISGARH

WPC/1640/2025 · 2025-03-27

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:14848 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1640 of 2025 1 - Suzanne Schaefer D/o Late Harry D. Schaefer Aged About 69 Years R/o Kodaikanal, Tamil Nadu, India / Current Address - Nearside Road Lake, Lake Hughes, California, U.S.A., Through Power Of Attorney Holder - Alpana Monika Lall Wd/o Late Jayant Lall, Aged About 65 Years, R/o A.G.-04, Archana Vihar, Nehru Nagar, Bilaspur (C.G.). ... Petitioner(s) versus 1 - State Of Chhattisgarh Through - Secretary Of Commercial And Industrial Department, Mahanadi Bhawan, Mantralaya, P.S.- Rakhi, New Raipur, District- Raipur (C.G.). 2 - Collector Bilaspur, District- Bilaspur (C.G.). 3 - Sub Divisional Officer (Revenue) Bilaspur, District- Bilaspur (C.G.). 4 - Tahsildar Bilaspur, District- Bilaspur (C.G.). Digitally signed by RAGHVENDRA JAT 2 5 - Church Of Christ Mission In India, Kududand, Bilaspur, Through Secretary - Baren @ Biran Sai S/o Budhwa Kujur, R/o Kududand Bilaspur, District- Bilaspur (C.G.). 6 - Nikhil Paul S/o Nityanand Paul R/o Nehri Nagar, Near Ganesh Chowk, District- Bilaspur (C.G.). 7 - Sanjay Wilson S/o C. Wilson R/o Vidya Nagar, Deepu Para, District- Bilaspur (C.G.). ... Respondent(s) For Petitioner(s) : Mr. Pravin Kumar Tulsyan, Advocate. For Respondent(s)/State : Mr. Praveen Das, Dy. A.G. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 27/03/2025 1. By way of this petition, the petitioner has prayed for following reliefs:- “a. This Hon'ble Court may kindly be pleased to call for the entire records pertaining to the petitioner's demand. b. This Hon'ble Court may kindly be pleased to issue appropriate writ and direct Immediate intervention by the competent authority (S.D.O. (R.)/Administrator) to halt unauthorized modifications and use of the property and/or to take the appropriate action in accordance with 3 law. C. This Hon'ble Court may kindly be pleased to issue appropriate writ and issue directions to the authorities to take swift and appropriate action based on the complaints already submitted. d. Any other relief as the Hon'ble Court may be deemed fit and proper with cost of petition.” 2. Learned counsel for the State submits that the Administrator has been appointed vide order dated 20.09.2024 passed by the Collector, Sub Divisional Officer (Revenue) has been appointed as Administrator in respect of concerned property for which the dispute has been raised by the petitioner, however, the petitioner has not approached to the Administrator i.e. Sub Divisional Officer (Revenue), Bilaspur. The function of the earlier society has come to an end. 3. Learned counsel for the petitioner submits that the standing tress have been cut by the private respondents and the private respondents are going to raise construction without permission of the concerned authorities, when the matter is seized by the Administrator appointed by the Collector. The Administrator has to see what is required for better administration of this institution. 4. The Collector, Bilaspur and Administrator i.e. the Sub Divisional Officer (Revenue), Bilaspur are directed to look into the matter and to pass appropriate orders in respect of grievance raised by the petitioner. The petitioner is also directed to file an appropriate 4 application along with the documents and to approach before the authorities i.e. the Collector, Bilaspur and the Sub Divisional Officer (Revenue), Bilaspur today itself and, in turn, the authorities are directed to consider the same. It seems from the documents which is annexed at Page No. 31 of the petition as such necessary action is required to be taken in accordance with law. 5. With this observation and direction, the writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat