Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:4549
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 132 of 2023 1 Nilesh Tiwari S/o Shri V.K. Tiwari Aged About 36 Years R/o Near Atal Awas Muktipara Phundurdihari Ambikapur Tahsil Ambikapur, District Sruguja, Chhattisgarh.
... Petitioner(s) versus 1 State Of Chhattisgarh Through Secretary Department Of Revenue And Disaster Manaement, Mantralaya New Raipur, District Raipur, Chhattisgarh. 2 The Collector, Surguja Ambikapur, District Surguja, Chhattisgarh. 3 Sub Divisional Officer (Revenue) Ambikapur, District Surguja, Chhattisgarh. 4 Tahsildar Nazul Ambikapur District Surguja, Chhattisgarh. 5 Shailendra Kushwaha S/o Shri R.L. Kushwaha Aged About 40 Years R/o Shyam Prasad Mukherji Ward Muktipara Tahsil Ambikapur, District Surguja, Chhattisgarh.
2 ... Respondent(s) For Petitioner(s) : Shri Nishi Kant Sinha, Advocate For Respondent(s) / State : Shri S.S. Choubey, P.L. For Respondent No. 5 : Shri Vivek Siddharth Ojha, Advocate
Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 24/01/2025 Heard.
1. By the present writ petition the petitioner is questioning the order of dispossession dated 02.01.2023, passed by the Tahsildar, Nazul (respondent No. 4).
2. Vide order dated 09.01.2023, this court has granted an interim relief that the respondents are directed not to initiate any coercive steps, so far as the temporary construction that the petitioner has raised subject to the condition that the petitioner shall use the said place only for his residence till he shifts to the under construction temple.
3. Learned counsel for the petitioner submits that the writ petition may be disposed off with a direction to the petitioner that he shall remove the temporary construction beside the temple within a
3 period of 3 months and till then no coercive steps be taken.
4. Learned counsel for respondent No. 5 raised an objection to the petitioner’s contention and submits that from 09.01.2023 the petitioner is protected by interim order and submits that the petitioner promised to remove the temporary construction after completion of temple, however about two years have been expired and the petitioner is still continuing there.
5. I have heard learned counsel for the parties and perused the records.
6. Looking to the interim relief order dated 09.01.2023, the petitioner is directed to remove the temporary construction in which he is residing immediately after 2 ½ months from today. Till then, the interim relief granted on 09.1.2023 shall continue.
7. With the aforesaid observation, the petition stands disposed off. Sd/-
(Bibhu Datta Guru)
JUDGE Jyoti