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2025 DAILYLAW 20273 (CHH)

RAJESH JAISWAL v. STATE OF CHHATTISGARH

WPC/2188/2025 · 2025-05-01

Shri Amitendra Kishore Prasad

body2025

Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2188 of 2025 1 - Rajesh Jaiswal S/o Late Shri Kamla Kant Jaiswal Aged About 66 Years R/o Pratap Talkiz Chowk, Bilaspur, District- Bilaspur, Chhattisgarh. 2 - Sadhna Jaiswal D/o Late Shri Kamla Kant Jaiswal Aged About 58 Years R/o Pratap Talkiz Chowk, District- Bilaspur, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Urban Administration And Development, 4th Floor, Block-D, Indrawati Bhawan, Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 2 - Collector District- Bilaspur (C.G.) 3 - Superintendent Of Police District- Bilaspur (C.G.) 4 - Tehsildar District- Bilaspur (C.G.) ... Respondents (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------ For Petitioner :- Mr. Prakash Tiwari, Advocate For State :- Mrs. Upasana Mehta, Dy. G.A. ------------------------------------------------------------------------------------------------ SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 01.05.2025 1. The petitioner, in this writ petition, has prayed for following reliefs:- VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR Date: 2025.05.02 10:52:54 +0530 2 “10.1 The Hon'ble Court may be pleased to issue an appropriate order or direction directing Respondent No. 3 to provide adequate police protection to the Petitioner for the purpose of construction of a fencing on his lawfully owned land, so as to ensure peaceful execution of such construction without obstruction or interference. 10.2 The Hon'ble Court may kindly direct the Respondent No. 2 to 4 to hand over the possession of the questioned land to the petitioners with all nooks and crannies. 10.3 That, the Hon'ble Court may kindly be pleased to grant any other relief, as it may deem fit and appropriate. 10.4 Cost of the petition may also be given.” 2. The grievance of the Petitioner in the present petition arises from the inaction on the part of respondents No. 2 & 3 to act upon his repeated representations seeking police protection for the peaceful assumption of possession and protection of his own land, which is being illegally occupied and misused by certain local individuals. However, despite being the lawful owner of the said parcel of land, the Petitioner, an elderly person, was forcibly prevented from constructing a fencing thereon. When he attempted to undertake the construction of a fencing, he was subjected to aggressive and humiliating behaviour, and was 3 physically driven away from his own property by the encroachers. The Petitioner, being a senior citizen made written representations to Respondent Nos. 2 and 3, seeking police assistance and protection. However, the Respondents failed to take any action on his requests, as such, the petition has been filed. 3. Learned counsel for the petitioner submits that despite several representations being made by the petitioner, the respondent authorities have not acted upon the same and the grievance of the petitioner has not been redressed till date. Therefore, it is prayed that the petitioner may be given liberty to file a fresh representation and the said representation may be directed to be considered and decided by the concerned respondent authority within stipulated time. 4. Learned counsel for the respondents submits that in view of limited prayed made by learned counsel for petitioner, he is having no objection. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case and also considering the limited prayer made by learned counsel for the petitioner, the petitioner is given liberty to approach before the authorities concerned i.e. the concerned Collector raising his grievance and the concerned Collector, in turn, is directed to consider and redress the grievance of the petitioner, by passing an appropriate order, in accordance with law. 4 7. It is made clear that this Court has not expressed any opinion on the merits of the case. 8. With the aforesaid direction/observation, the writ petition stands disposed off. sd/- (Amitendra Kishore Prasad) Judge Vishakha