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2025 DAILYLAW 16167 (CHH)

SANDEEP KUMAR GUPTA v. STATE OF CHHATTISGARH

WPC/1390/2019 · 2025-01-28

Shri Rakesh Mohan Pandey

Transfer Petitionbody2025

Judgment text

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1 2025:CGHC:4892 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1390 of 2019 1 - Sandeep Kumar Gupta S/o Ram Nath Gupta Aged About 47 Years R/o Village Janakpur, Tahsil Bharatpur, District - Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mantralaya Mahanadi Bhawan, Atal Nagar, Raipur District - Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Collector Koriya, District - Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh 3 - Tahsildar Bharatpur, District - Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh 4 - Sarpanch Gram Panchayat Janakpur Tahsil Bharatpur, District - Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh 5 - Sanjay Tiwari S/o Vishveshwar Nath Aged About 30 Years R/o Janakpur, Tahsil Bharatpur, District - Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh ---- Respondents For Petitioner : Mr. C.K. Kesharwani, Advocate For State : Mr. Lav Sharma, PL For Respondent No.5 : Mr. Shakti Raj Sinha, Advocate Digitally signed by REKHA SINGH -2- Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 28.01.2025 1. The petitioner has filed this petition seeking the following relief(s):- “10.1 This Hon'ble Court may kindly be pleased to direct the respondent authorities to enquire into the matter and to show the weekly market with the allotment of area 0.866 for Khasra No.322/2 and if the Khasra Number has been changed then the area must be remained the same for the purposes of weekly market according to the Nistar Patrak and to direct the Tahsildar to dispose of the revenue case regarding the encroachment within 6 months from the date of order. 10.2 Any appropriate writ, direction or order may also kindly be passed in favour of the petitioner, which this Hon'ble Court deems fit in the circumstances of the case.” 2. Mr. Kesharwani, the learned counsel appearing for the petitioner would submit that the petitioner moved an application to remove illegal encroachment over Survey No.486 ad-measuring area 0.13 hectare situated at Village-Janakpur, District Koriya (C.G.). He would further submit that such application was moved on 07.05.2018 but till date, the same has not been decided. 3. On the other hand, Mr. Sharma, the learned Panel Lawyer appearing for the State as well as Mr. Sinha, the learned counsel 3 appearing for respondent No.5 would oppose the submissions made by Mr. Kesharwani. They would submit that the present petition deserves to be dismissed. 4. Heard learned counsel appearing for the parties and perused the documents placed on the record. 5. Taking into consideration the fact that the matter is pending before the Tehsildar Bharatpur, District Koriya (C.G.) since 07.05.2018, therefore, this petition is disposed of with a direction to the concerned Tehsildar to conclude the proceedings of Case No.46- A/68/2017-18, if already not decided, preferably within a period of 60 days from the date of receipt of a copy of this order. 6. With the aforesaid observation(s)/direction(s), the present petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge Rekha