Extracted from the PDF above. The PDF is authoritative.
1 / 4
2025:CGHC:37167
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3991 of 2025 Raghuwanshmani Khairwar S/o Late Shri Lalaram Khairwar Aged About 72 Years R/o Village Mendra, Tahsil Sakri, District - Bilaspur Chhattisgarh
... Petitioner(s) versus 1 - Babulal S/o Samelal R/o Village Mendra, Tehsil Sakri, District Bilaspur Chhattisgarh 2 - Sant Kumar S/o Babulal R/o Village Mendra, Tehsil Sakri, District Bilaspur Chhattisgarh 3 - State Of Chhattisgarh Through- Collector, District- Bilaspur Chhattisgarh 4 - Sub-Divisional Officer (Rev), Takhatpur, District- Bilaspur Chhattisgarh 5 - Tehsildar, Sakri, District - Bilaspur Chhattisgarh
---- Respondents For Petitioner : Mr. Syed Afaque Hussain Rizvi, Advocate For State/Respondents No.3 to 5 : Mr. Anurag Tripathi, PL Hon'ble Shri Justice Arvind Kumar Verma
Order on Board VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.07.30 16:58:42 +0530
2 / 4 30/07/2025 Heard.
1. The petitioner has been filed this writ petition on the following relief(s) :
“10.1 Issue a Writ of Mandamus or any other appropriate writ, order or direction, directing Respondent Nos. 1 and 2 to forthwith comply with the
order dated 10.01.2023 passed by the Tehsildar, Sakri (Ann.P-1) by paying the imposed fine of Rs. 5000/- each and removing the illegal construction from Khasra No. 374/1, Village Mendra. 10.2 Issue a Writ of Mandamus or any other appropriate writ, order or direction, directing Respondent No.5 to take all necessary and expeditious steps to ensure the strict compliance and enforcement of his own order dated 10.01.2023 (Ann. P-1), including collection of the fine and physical eviction of the illegal construction. 10.3 Issue a Writ of Mandamus or any other appropriate writ, order or direction, directing Respondent No.4 to supervise and ensure that Respondent No.5 takes prompt and effective action for the enforcement of the order dated 10.01.2023 (Ann. P-1). 10.4 Pass any other order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice and equity.
2. Counsel for the petitioner contended that the petitioner has filed the instant petition only for a limited relief seeking issuance of an appropriate writ(s), order(s) or direction(s) to the Respondents,
3 / 4 particularly Respondent Nos. 1 and 2, to comply with the order dated 10.01.2023 passed by the Tehsildar, Sakri, and to the Respondent Nos.4 & 5 to ensure strict compliance and enforcement of the said
order. Petitioner submitted representations before the Tehsildar and SDO on 19/04/2024 and 18/5/2024, but of no avail.
3. Counsel for the State not opposes the limited prayer made by counsel for the petitioner.
4. I have heard learned counsel for the parties and perused the record with utmost circumspection.
5. Considering the facts and circumstances of the case and submission made by learned counsel for the parties, at this stage this petition stands disposed of with direction to Respondent Nos.4 & 5 to consider and decide the representations of the petitioner dated 19/04/2024 (Annexure P-2) and 18/05/2024 (Annexure P-3) after providing proper opportunity of hearing to the petitioner, as early as possible in accordance with rules, regulations and law.
6. It is made clear that this Court has not expressed any opinion on the merits of the case and the authorities shall not be prejudiced by any observation made by this Court and shall decide the case of the petitioner on its own merits.
4 / 4
7. With the aforesaid observations & directions, the writ petition stands
disposed of.
Sd/-
(Arvind Kumar Verma) Judge Vasant