Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 45404 (CHH)

SMT. JANAKI SARANG v. STATE OF CHHATTISGARH

WPC/144/2023 · 2025-04-02

Shri Amitendra Kishore Prasad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:15484 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 144 of 2023 1 - Smt. Janaki Sarang W/o Shri Arjun Das Sarang Aged About 36 Years Caste Satnami, Resident Of Satnami Para, Danvi Bhamashah Ward, Gudiyari, Raipur, District Raipur Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Urban Administration And Development, Mahanadi Bhawan, Atal Nagar, New Mantralaya Naya Raipur District Raipur Chhattisgarh 2 - Commissioner Raipur, Disvision Raipur, District Raipur Chhattisgarh 3 - The Collector Raipur District Raipur Chhattisgarh 4 - Sub Divisional Officer (Rev.) Raipur, District Raipur Chhattisgarh 5 - Zone Commissioner Zone No. 01, Municipal Corporation, Raipur District Raipur Chhattisgarh 6 - Zone Commissioner Zone No. 02 Municipal Corporation, Raipur, District Raipur Chhattisgarh 7 - Budhram Sarang S/o Late Samaru Sarang, R/o 7 To 9 Are Resident Of Satnami Para, Danvir Bhamashah Ward, Gudiyari, Raipur, District VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 Raipur Chhattisgarh 8 - Rustam Sarang S/o Budhram Sarang, Resident Of Satnami Para, Danvir Bhamashah Ward, Gudiyari, Raipur, District Raipur Chhattisgarh 9 - Ajay Sarang S/o Budhram Sarang, Resident Of Satnami Para, Danvir Bhamashah Ward, Gudiyari, Raipur, District Raipur Chhattisgarh ... Respondents (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------ For Petitioner :- Mr. Shashi Kumar Kushwaha, Advocate For State :- Mr. Anmol Sharma, P.L. ------------------------------------------------------------------------------------------------ SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 02.04.2025 1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1 That, the Hon'ble Court may kindly be pleased to direct the respondent authorities particular respondent no. 3 Collector to decide the pending application (Annexure P-1) within stipulated time, in the interest of justice. 10.2 That, the Hon'ble Court may kindly be pleased to direct the respondent authorities to dispossess the encroachers private respondents no. 7 to 9 from the general community bhawan of Satnami Society of Gurughasi Das Temple, in the interest of justice. 10.3 Any other relief, which the Hon'ble Court may deem fit and proper in the facts and circumstances of the case may also be granted in 3 favour of the petitioner.” 2. By way of this petition, the petitioner is challenging the inaction on the part of the respondent No. 3, Collector Raipur by which he is not taking any action against the the private respondents no. 7 to 9 who are encroachers in the General Community Bhawan of Satnami Society of Gurughasi Das Temple, who are unauthorized persons and have illegally posses the same, as such, this petition has been filed for a direction to the Collector to consider the case of the petitioner and to take appropriate decision in respect of the illegal possession of the subject Gurughasi Das Temple of the Satnami society. 3. Learned counsel for the petitioner submits that in respect of the illegal encroachment, the petitioner has made an application before the respondent authorities, but till date, the said application has not been decided. Therefore, the respondent authorities may be directed to consider and decide the same in accordance with law within a stipulated time. 4. Learned counsel for the respondent No. 5 & 6 submits that the decision has to be taken by the Collector Raipur i.e. respondent No. 3. 5. Learned State counsel submits that the respondent No. 3 i.e. the Collector, Raipur will take decision in the grievance raised by the petitioner. 6. Accordingly, the petitioner is directed to file a fresh application/representation to the respondent No. 3 Collector, 4 Raipur along with the documents which the petitioner has annexed with the petition within 10 working days and the respondent no. 3, in turn, shall consider and decide the same, while passing an appropriate order, within a further period of 3 weeks from the date of receipt of such application. It is made clear that this Court has not expressed any opinion on the merits of the case and the respondent No. 3 shall be at liberty to decide the case on its own merits, in accordance with law. 7. With the aforesaid direction/observation, this writ petition stands disposed off. Sd/- (Amitendra Kishore Prasad ) Judge Vishakha