CHRISTIAN WOMENS BOARD OF MISSION v. STATE OF CHHATTISGARH
WPC/142/2025 · 2025-01-09
Shri Bibhu Datta Guru
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3062 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3062 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:1345
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 142 of 2025 1 - Christian Womens Board Of Mission Through Its Director, Shri Nitin Lawrence, Aged 37 Years, S/o Shri Harbat Lawrence, R/o Lodhi Para Chowk, Pandri, Lodhi Para, Kapa Avanti Chowk, Raipur, District Raipur Chhattisgarh. 492004 2 - Nitin Lawrence Secretary Dio-Cese Of Chhattisgarh (Chi), Aged 37 Years, S/o Shri Harbat Lawrence, R/o Lodhi Para Chowk, Pandri, Lodhi Para, Kapa Avanti Chowk, Raipur, District Raipur, Chhattisgarh 492004. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Ministry Of Revenue And Disaster Management, Secretariat, Mahanadi Bhawan, Capital Complex,
Nawa
Raipur,
District
Raipur
Chhattisgarh. 2 - The Collector Bilaspur Collectorate, Nehru Chowk, Bilaspur, District Bilaspur Chhattisgarh. 495001 3 - The Nazul OfÏcer Bilaspur, Tehsil And District Bilaspur Chhattisgarh. 495001. 4 - State Of Chhattisgarh Through Tehsildar Bilaspur, Tehsil And District Bilaspur Chhattisgarh. 495001 5 - State Of Chhattisgarh Through Commissioner Bilaspur Division Tehsil And District Bilaspur Chhattisgarh. 495001
2 6 - Municipal Corporation Bilaspur Through The Commissioner, Bilaspur, Vikas Bhawan, Nehru Chowk, Bilaspur, District Bilaspur Chhattisgarh. ... Respondent(s) For Petitioner(s) :Shri B.P. Sharma, Advocate along with Shri Pushp Kumar Gupta, Advocate. For Respondent/State :Shri Raj Kumar Gupta, Addl. Advocate General with Shri Praveen Das, Dy. Advocate General. For Respondent no. 6. :Shri R.S. Marhas, Advocate. Hon'ble Shri
Bibhu Datta Guru
, Judge
Order on Board 09.01.2025
1. By the present writ petition, the petitioner is seeking a direction towards the respondent authority not to continue with the act of demolition of the building standing over the lease hold land as claimed by the petitioner. 2. It is brought to the notice of this Court that against the grievance of the petitioner an appeal/representation has been filed by the petitioner before the Secretary to the Government of Chhattisgarh, Department of Revenue which is pending along with an application for grant of interim relief. However, yesterday i.e. on 8-1-2025 the respondent authorities have started demolishing the building situated in the land in question. 3. Learned counsel for the petitioner would submit that though repeated applications were filed and reminders were made to the Secretary (Revenue), the interim application is not being decided till date. Since the appeal/representation before the respondent no. 1 is
3 pending the demolition which is being done by the respondent is not proper. 4.
Learned counsel for the respondent/State, on the other hand, submits that the appeal/representation which is pending before the Secretary Revenue/respondent no. 1, will be decided within a period of 15 days from today in accordance with law. Learned State counsel along with the Corporation’s counsel submits that yesterday when the matter was taken up after the special mention made by the petitioner almost more than 80% demolition of the structure has already been carried out. 5. I have heard both the parties and perused the document. 6. As the matter is sub judice before the appellate authority i.e. the respondent no. 1, under the Revenue Books Circular, which is a statutory appellate forum, it is directed that the appeal/ representation filed by the petitioner be considered and decided, in accordance with law and on its own merits, within a period of 15 days from today and there shall be no further demolition till the decision of the appeal by the appellate authority i.e. respondent no. 1. 7. It is made clear that this Court has not expressed any opinion on the merits of the case. 8. With the aforesaid direction, the writ petition is disposed off. 9. Certified copy today. Sd/-
(Bibhu Datta Guru) Judge Shoaib SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.01.09 20:33:30 +0530