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2025 DAILYLAW 21051 (CHH)

JASHPUR BAAZAR (KATRI) SANRAKSHAN SAMITI v. STATE OF CHHATTISGARH

WPC/1759/2019 · 2025-01-20

Shri Rakesh Mohan Pandey

body2025

Judgment text

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1 2025:CGHC:3415 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1759 of 2019 Jashpur Baazar (Katri) Sanrakshan Samiti Bazardand, Jashpur, Police Station Jashpur, District Jashpur, Chhattisgarh Through Its Member Idrish Shah S/o Mustkim Shah Aged About 62 Years, R/o Karbala Road, Aazad Mohalla, Jashpur, Police Station Jashpur, District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh ... Petitioner(s) versus 1. State Of Chhattisgarh Through Secretary, Department Of Revenue, Mahanadi Bhawan, Mantralaya, Atalnagar, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2. Collector Jashpur, District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh 3. Sub Divisional Officer (Revenue) Jashpur, District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh 4. Nagar Palik Parishad Jashpur, District Jashpur, Chhattisgarh Through Chief Municipal Officer Nagar Palik Parishad, Jashpur District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh ... Respondent(s) For Petitioner : Mr. Mahendra Dubey, Advocate For State : Mr. Shubham Bajpai, P.L. For Respondent No. 4 : None, even in second round Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 20/01/2025 1) Learned counsel for the petitioner submits that petitioner-society which consists of fruits and vegetable vendors of Bazardand Haat, District 2 Jashpur have filed this petition seeking impartial demarcation and identification of their land in Bazardand. He further submits that despite various objections, revenue authorities have not taken action against the encroachment made by private persons. He contends that a direction may be issued to revenue authorities to conduct a demarcation and take appropriate steps for removal of encroachment. 2) On the other hand, learned State counsel submits that petitioner- society ought to have approached the concerned Tehsildar by filing application U/s 250 of the Chhattisgarh Land Revenue Code, 1959. He prays that this petition deserves to be dismissed. 3) Heard. 4) As the petitioner- society is not a land-owner, therefore, application(s) moved under Section 250 of the Code, 1959 would not be maintainable before Tehsildar. It is however directed that if the subject area is reserved for Bazar or Haat by Nagar Palik Parishad Jashpur, appropriate action shall be taken with regard to removal of encroachment, if any found by the revenue authorities as well as Chief Municipal Officer Nagar Palik Parishad, Jashpur i.e. respondent No. 4. 5) Petitioner-society will also be at liberty to make a representation before the authority concerned raising their grievance(s) along with a copy of this order. It is expected the authority concerned will take appropriate action strictly in accordance with law. 6) With the aforesaid observation(s) and direction(s), instant writ petition stands disposed of. Sd/- Rakesh Mohan Pandey JUDGE Ajinkya