Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:3537
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 407 of 2025 1 Ramsay Farsaram Aged About 62 Years R/o Village Randha, Tah. Keshkal, District Kondagaon C.G.
... Petitioner(s) versus 1 State Of Chhattisgarh Through Its Secretary, Department Of Forest, Mantralay, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur, C.G. 2 The Collector District Kondagaon C.G. 3 The Sub Divisional Offier (R) Keshkal District Kondagaon, C.G. 4 The Tahsildar Keshkal, District Kondagaon, C.G. 5 The Reliance Jio Infocomm Limited's Corporate Identification Number (Cin) Is U72900mh2007plc234712 Through Its Managing Director Registered Address 9th Floor, Maker Chambers Iv, 222, Nariman Point, Mumbai Mh In 400021. 6 The Reliance Jio Telecom Limited Through Its Regional Manager
2 (Competent Authority), Daldal Seoni, Raipur, District Raipur, C.G. Pincode- 492014
... Respondent(s) For Petitioner(s) : Shri Sandeep Dubey with Manas Vajpal, Advocate For Respondent(s) / State : Shri Rishabh Bisen, P.L.
Hon’ble Shri Bibhu Datta Guru, Judge
Order on Board 21/01/2025 Heard.
1. By the present writ petition the petitioner is seeking a direction towards the respondents No. 5 & 6 to comply with the order of SDO dated 18.11.2024 (Annexure P-4) whereby the SDO has
directed the respondents No. 5 & 6, to execute appropriate agreement for payment of rent as they have installed mobile tower on the land, which is allotted on lease to the petitioner by the State government.
2. Learned counsel for the petitioner would submit that respondents No. 5 & 6 without the consent of the petitioner have installed mobile tower on the land which is allotted to the petitioner in the year 1991. He further submits that when the petitioner logged complaint before the Collector the proceeding has been drawn by the SDO. He submits that before the SDO the respondents No. 5
3 & 6 never appeared inspite of repeated issuance of notice and bailable warrant, however, ultimately on 18.11.2024, the SDO has passed the order directing respondents No. 5 & 6 to execute required agreement with the petitioner as they have installed mobile tower and make payment of rent towards the said installation, however respondents No. 5 & 6 are not obeying the
order of the SDO and till date neither they have executed the agreement nor have they made payment towards the said installation of the mobile tower.
3. Learned State counsel submits that order of SDO is of 18.11.2024 and necessary steps will be taken and direction will be issued to respondents No. 5 & 6 for execution of the agreement and payment of the rent.
4. I have heard learned counsel for the parties and perused the documents.
5. Perusal of pleadings before the SDO starting from 24.05.2024 shows that on various occasions notices were issued to respondents No. 5 & 6 by the SDO, however, they never appeared before the SDO and ultimately on 18.11.2024 the SDO passed the order for execution of agreement between the petitioner and the respondents No. 5 & 6 and payment of rent. As the respondents No. 5 & 6 are not taking any initiative inspite of the order of the SDO, the Collector, Kondagaon is directed to look into the matter and take necessary steps to ensure that
4 respondents NO. 5 & 6 shall execute the agreement and make necessary payment of rent to the petitioner regularly within a period of 20 days from today.
6. With the aforesaid observation, the petition stands disposed off. Sd/-
(Bibhu Datta Guru)
JUDGE Jyoti