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2025 DAILYLAW 20467 (CHH)

NEELMANI LAKRA v. STATE OF CHHATTISGARH

WPC/2161/2025 · 2025-04-29

Shri Amitendra Kishore Prasad

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Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2161 of 2025 1 - Neelmani Lakra W/o Shri Mariyanus Lakra Aged About 50 Years R/o Gangapur Khurd, Nala Para, Tehsil - Ambikapur, District - Surguja Chhattisgarh 2 - Mamta Bara W/o Shri Rajat Bara Aged About 35 Years R/o Gangapur Khurd, Nala Para, Tehsil - Ambikapur, District - Surguja Chhattisgarh 3 - Jacinta Xess W/o Shri Clement Xess Aged About 43 Years R/o Gangapur Khurd, Nala Para, Tehsil - Ambikapur, District - Surguja Chhattisgarh 4 - Tanuja Lakra W/o Shri Narendra Lakra Aged About 42 Years R/o Gangapur Khurd, Nala Para, Tehsil - Ambikapur, District - Surguja Chhattisgarh 5 - Poonam Giri W/o Shri Anand Giri Aged About 30 Years R/o Gangapur Khurd, Nala Para, Tehsil - Ambikapur, District - Surguja Chhattisgarh 6 - Ranjit Minj S/o Shri Tarsiyus Minj Aged About 43 Years R/o VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR Date: 2025.04.29 18:17:55 +0530 2 Gangapur Khurd, Nala Para, Tehsil - Ambikapur, District - Surguja Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue And Disaster Management, Mahanadi Bhawan, Mantralaya, Nava Raipur, District - Raipur, Chhattisgarh 2 - District Collector Surguja, District - Surguja Chhattisgarh 3 - Sub-Divisional Officer (Revenue) Ambikapur, District - Surguja Chhattisgarh 4 - Tehsildar (Nazul) Ambikapur, District - Surguja Chhattisgarh 5 - Commissioner Municipal Corporation, Ambikapur, District - Surguja Chhattisgarh ... Respondents (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------ For Petitioner :- Mr. Ashish Beck, Advocate For State :- Mr. Shreyansh Mehta, P.L. For Respondent No. 5 :- Mr. Pankaj Agrawal, Advocate ------------------------------------------------------------------------------------------------ SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 29.04.2025 1. It has been vehemently objected by the learned State counsel that this petition is not maintainable as for individual right separate individual notices have been issued to each of the petitioner, however, without considering the nature of the same, joint 3 petitions have been filed which is not maintainable. 2. Learned counsel for the petitioner fairly submits that since the proceedings for demolition were started, as such, the petitioners have filed this petition in a hurry for grant of stay. He submits that the petitioners are ready to file separate petitions raising individual grievances of the concerned petitioners before this Court. 3. Considering the fact that the demolition notices were issued on 04.04.2025 in individual capacity for removing encroachment, as such, only for three days, the concerned authority i.e. the Nazul Tehsildar, Ambikapur is directed to not to demolish the superstructure of the petitioners. 4. Accordingly, the petition is disposed of. The petitioners are at liberty to file a fresh individual petition, in accordance with law. 5. It is made clear that no further joint petitions in respect of individual rights will be considered. 6. The Registry is directed to mark an objection in respect of maintainability of such type of petitions at the time of checking of the same. Sd/- (Amitendra Kishore Prasad) Judge Vishakha