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2025 DAILYLAW 58658 (CHH)

SMT. SANTOSHI BAIRAGI v. STATE OF CHHATTISGARH

WPC/6021/2025 · 2025-11-18

Shri Parth Prateem Sahu

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:56250 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6021 of 2025 1 - Smt. Santoshi Bairagi W/o Purnachand Bairagi Aged About 45 Years R/o Village - Salhepali, Tahsil - Pusaur, District - Raigarh (C.G.) ... Petitioner Versus 1 - State Of Chhattisgarh Through The Secretary, Panchayat And Rural Development Department, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District - Raipur (C.G.) 2 - The Commissioner Bilaspur Division, Bilaspur (C.G.) 3 - The Collector Raigarh, District - Raigarh (C.G.) 4 - The Sub-Divisional Officer (Revenue) Raigarh, District - Raigarh (C.G.) 5 - The Naib Tahsildar Raigarh, District - Raigarh (C.G.) 6 - The Chief Executive Officer Zila Panchayat, Raigarh, District - Raigarh (C.G.) 7 - The Chief Executive Officer Janpad Panchayat, Pusaur, District - Raigarh (C.G.) 8 - The Station House Officer Police Station, Pusaur, District - Raigarh (C.G.) 9 - Gram Panchayat, Bhatpur Through Its Secretary, Tahsil And District - Raigarh (C.G.) 10 - Sarpanch Gram Panchayat, Bhatpur, Tahsil And District - Raigarh (C.G.) ... Respondents SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 For Petitioner : Mr. H.S. Patel, Advocate For Respondents No. 1 to 5 & 8 : Mr. Soumitra Kesharwani, Panel Lawyer SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 19/11/2025 1. This petition has been filed by the petitioner seeking for the following relief(s):- “10.1. That, this Hon'ble Court may kindly be pleased to call the records pertaining to the case from the respondent authorities 10.2 That, this Hon’ble Court may kindly be pleased to direct the respondents for demolishing the construction made over the land bearing Khasra No. 273/2/A situated at Village Salhepali, Tahsil & District – Raigarh, Chhattisgarh. 10.3 That, this Hon’ble Court may kindly be pleased to direct the respondents to provide pathway to the petitioner to approach her house. 10.4 That, this Hon’ble Court may kindly grant any other relief which may be deem fit in the given facts and circumstances of the instant case including cost of litigation.” 2. Learned counsel for the Respondent/State raises an objection and submits that the proceedings of second appeal filed by the petitioner before the Commissioner, Bilaspur Division is already pending in which, the petitioner has already obtained an interim order in her favour and therefore, the writ petition is not maintainable at this stage. 3. Learned counsel for the petitioner submits that even after passing of the interim order by the Respondent No. 2/Commissioner, construction has been made. He further submits that in view of the objection raised by the counsel for the Respondent/State, he may be permitted to withdraw this writ petition at this stage with liberty to file appropriate proceeding before the appropriate authority as available to her under the law. 4. In view of the submissions made by the counsel for the parties, this writ 3 petition is dismissed as withdrawn with liberty as prayed for. 5. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge Dey