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2025 DAILYLAW 5315 (CHH)

PHULESHWARI BAI NISHAD v. STATE OF CHHATTISGARH

WPC/478/2025 · 2025-01-24

Shri Bibhu Datta Guru

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Judgment text

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1 / 3 2025:CGHC:4366 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 478 of 2025 1 - Phuleshwari Bai Nishad W/o Late Shri Ugrashen Nishad Aged About 61 Years R/o Amlidih, Tahsil And Police Station- Pithora, District- Mahasamund, C.G. ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Revenue And Disaster Management Department, Department Of Urban Administration And Development, Mahanadi Bhawan, Naya Raipur, District - Raipur, C.G. 2 - State Of Chhattisgarh Through Secretary, Department Of Forest, Mahanadi Bhawan, Naya Raipur, District - Raipur, C.G. 3 – Collector, Mahasamund, District- Mahasamund, C.G. 4 - Sub-Divisional Officer (Revenue) Pithora, District- Mahasamund, C.G. 5 - Tehsildar Pithora, District- Mahasamund, C.G. 6 - Loknath S/o Shri Rameshwar Prasad Aged About 49 Years Bhatt By Caste, R/o Village - Station Para, Hathbandh, Tahsil- Simga, District- Baloda Bazaar, C.G. 2 / 3 7 - Gopal Prasad S/o Shri Rameshwar Aged About 40 Years Bhatt By Caste, R/o Village - Station Para, Hathbandh, Tahsil- Simga, District- Baloda Bazaar, C.G. 8 - Govind Prasad S/o Shri Rameshwar Prasad Aged About 38 Years Bhatt By Caste, R/o Village - Station Para, Hathbandh, Tahsil- Simga, District- Baloda Bazaar, C.G. 9 - Rohit Kumar S/o Shri Rameshwar Prasad Aged About 38 Years Bhatt By Caste, R/o Village - Station Para, Hathbandh, Tahsil- Simga, District- Baloda Bazaar, C.G. 10 - Ritesh Kumar S/o Shri Rameshwar Prasad Aged About 35 Years Bhatt By Caste, R/o Village - Station Para, Hathbandh, Tahsil- Simga, District- Baloda Bazaar, C.G. 11 - Kamla Patel W/o Dhananjay Patel Aged About 46 Years R/o Village- Chibra, Thana And Tahsil- Pithora, District- Mahasamund, C.G. ... Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. Surfaraj Khan, Advocate For Respondents/State : Mr. Ritesh Giri, Panel Lawyer (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 24/01/2025 1. By the present writ petition, the petitioner is seeking a direction towards the respondent No.3/ Collector, Mahasamund to take appropriate step on the application dated 11/03/2024 (Annexure P/1) filed by the petitioner alleging that the private respondents No.6 to 11 have encroached over the land reserved for Bade Jhad Ka Jungle. 3 / 3 2. Learned counsel appearing for the petitioner submits that the petitioner brought the fact before the Collector, Mahasamund by filing an application with respect to the encroachment over the government land bearing old Khasra No.377/1-2-3-4-5-6 (new Khasra No.845), rakba 2.07 Hectare situated at village Amlidih, Tehsil Pithora, District Mahasamund. He would further submit that though the application has been filed in the month of March, 2024 but the Collector has not taken any steps or proceeded in the application till date. 3. Learned counsel appearing for the State submits that the if the application is still pending before the Collector, the same shall be considered and appropriate steps on the said application will be taken within the stipulated time. 4. I have heard learned counsel for the parties and perused the documents. 5. In view of the submission made by the learned counsel for the petitioner that the Collector has not take any steps on the application filed by the petitioner, the concerned Collector is directed to initiate proceeding in the application dated 11/03/2024 (Annexure P/1) filed by the petitioner and decide the same within a period of 20 days from the date of receipt of a copy of this Order, in accordance with law. 6. With the aforesaid direction, this writ petition is disposed of. Sd/- (BIBHU DATTA GURU) JUDGE $. Bhilwar