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2025 DAILYLAW 19721 (CHH)

HEMLAL CHANDRAKAR v. STATE OF CHHATTISGARH

WPPIL/51/2025 · 2025-05-07

Shri Arvind Kumar Verma

Public Interest Litigationbody2025

Judgment text

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1 2025:CGHC:21247-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPPIL No. 51 of 2025 Hemlal Chandrakar S/o Late Shri Jhumuk Lal Chandrakar Aged About 65 Years R/o Village- Tarra, Post- Tarra, Tahsil- Patan, District- Durg (C.G.) ... Petitioner(s) versus 1. State of Chhattisgarh Through The Secretary, Home (Police) Department, Atal Nagar, Mantralaya, New Raipur (C.G.) 2. The Collector, Durg, District- Durg (C.G.) 3. The Sub-Divisional Officer (Revenue), Patan, District- Durg (C.G.) 4. The Sub Divisional Officer (Police), Patan, District- Durg (C.G.) 5. The Station House Officer, Police Station, Amleshwar, District Durg (C.G.) 6. Naresh Damohe S/o Gangaram Damohe Aged About 35 Years Director Of Sanchay Developers And Promotors Private Limited, R/o D-12, Anupam Nagar, Near Ganesh Mandir, Raipur, District- Raipur (C.G.) ...Respondent(s) For Petitioner : Mr. P. Chetan Kumar, Advocate. For Respondents/State : Mr. Shashank Thakur, Deputy Advocate General. BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.05.09 19:12:40 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Arvind Kumar Verma , Judge Order on Board Per Ramesh Sinha , Chief Justice 08 .05.2025 1. Heard Mr. P. Chetan Kumar, learned counsel for the petitioner. Also heard Mr. Shashank Thakur, learned Deputy Advocate General, appearing for the State. 2. The present writ petition styled as ‘Public Interest Litigation’ has been filed by the petitioner with the following prayers: “10.1 That, this Hon’ble Court may kindly be pleased to issue an appropriate writ, thereby directing the respondents No. 4 & 5 to comply with the memo dated 26.06.2024 issued by the respondent No. 3 (Annexure P/6). 10.2 That, this Hon’ble Court may kindly be pleased to direct the respondent No. 2 to take proper action against the respondent No. 6 for doing illegal plotting of agricultural land, forthwith. 10.3 To kindly grant any other relief which may be deem fit in the given facts and circumstances of the instant case.” 3. Learned counsel for the petitioner submits that aggrieved by the inaction of the respondent authorities despite of the finding of Naib 3 Tahsildar Patan in his memo report that the respondent No. 6 has committed illegal plotting in the land bearing Khasra Nos. 856/3 and 856/15 and committed a criminal offence, but till date no action has been taken by the concerned Police officials, which communicated vide notice dated 26.06.2024 (Annexure P/5). 4. In the present petition, petitioner has filed the I.A. No. 2 of 2025, which is an application for exemption from paying security deposit, but, we are not inclined to allow the said I.A., therefore, I.A. No. 2 of 2025 stands rejected, to which learned counsel for the petitioner states that he will deposit the security deposit. 5. In view of the submission made by the learned counsel for the petitioner, the present petition is dismissed with a liberty to the petitioner to file afresh petition after depositing the security amount, as per the rules. Sd/- Sd/- (Arvind Kumar Verma) (Ramesh Sinha) Judge Chief Justice Brijmohan