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2025:CGHC:1043
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6403 of 2024 1 - Nitish Kumar S/o Ravindra Kumar Aged About 29 Years R/o LIG I- 689, Housing Board, Bhilai, Police Station Jamul, District : Durg, Chhattisgarh
... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Department Of Housing And Environment, Mantralaya, Mahanadi Bhawan, Naya Raipur, District : Raipur, Chhattisgarh 2 - The Commissioner, Chhattisgarh Housing Board, Paryavas Bhavan, North Block, Sector- 19, Naya Raipur, District Raipur, Chhattisgarh. 3 - The Deputy Commissioner, Chhattisgarh Housing Board Padmanabhpur, Durg, District Durg, Chhattisgarh. 4 - Executive Engineer, Chhattisgarh Housing Board, Division- Durg Behind LIC Office, Near Tripti Restaurant, Padmanabhpur, District Durg, Chhattisgarh. 5 - The Collector, Durg, District Durg, Chhattisgarh.
2 / 3 6 - The Commissioner, Nagar Palik Nigam Bhilai, District Durg, Chhattisgarh. 7 - Uday Narayan Singh S/o Badri Singh Aged About 66 Years R/o Housing Board, MIG- 2265, Ward No. 24, Housing Board, Bhilai, Police Station Jamul, District : Durg, Chhattisgarh 8 - Vikas Vikram Singh S/o Uday Narayan Singh Aged About 35 Years R/o Housing Board, MIG- 2265, Ward No. 24, Housing Board, Bhilai, Police Station Jamul, District : Durg, Chhattisgarh 9 - Smt. Namita W/o Subhash Sharma Aged About 52 Years R/o MIG- 254, Ward No. 25, Housing Board, Bhilai Police Station Jamul, District : Durg, Chhattisgarh ... Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. Shikhar Bakhtiyar, Advocate For Respondents/State : Mr. Rishabh Bisen, Panel Lawyer For Respondents No.2 to 4/ Housing Board : Mr. Sanjay Patel, Advocate For Respondent No.6 : Mr. Pankaj Agrawal, Advocate (HON’BLE SHRI JUSTICE BIBHU DATTA GURU)
Order on Board 08/01/2025
1. By the present writ petition, the petitioner is seeking a direction towards the respondent authorities to take appropriate steps regarding removal of encroachment by the private respondents No. 7 to 9 over the land belonging to the Chhattisgarh Housing Board.
2.
Learned counsel appearing for the petitioner submits that in spite of several complaints dated 18/05/2016 (Annexure P/5) made by the residents of the Housing Board under the Lok Suraj Abhiyan for removal of encroachment, no step has been taken by the
3 / 3 respondent authorities for removal of encroachment made by the private respondents over the land belonging to the Chhattisgarh Housing Board.
3.
Learned counsel appearing for the respondents No.2 to 4/ Chhattisgarh Housing Board submits that the private respondents No.7 & 8 had preferred a writ petition bearing WPC No.1584/2022 and the said writ petition alongwith the WPPIL No. 95/2022 has been disposed of vide order dated 24/09/2024 with a liberty to the petitioners to move a fresh application/representation before the authority concerned for redressal of their grievances and there was a direction to decide the same by the respondents.
4. I have heard learned counsel for the parties and gone through the
order dated 24/09/2024 passed by the Division Bench of this Court.
5. As the Writ Petition No.1584/2022 as well as the WPPIL No.95/2022 has been decided by directing the authority to consider and decide the representation submitted by the private respondents herein and the present matter is subjudice before the respondent authorities, the present writ petition is premature and the same cannot be entertained.
6. Accordingly, this writ petition is disposed of with a liberty to the petitioner to file a fresh petition, if cause of action survives in future.
Sd/- (BIBHU DATTA GURU)
JUDGE $. Bhilwar