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2025 DAILYLAW 8365 (CHH)

SMT. V. PRABHA RAO v. STATE OF CHHATTISGARH

WPC/891/2025 · 2025-02-14

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:7919 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 891 of 2025 1 Smt. V. Prabha Rao W/o Shri V.K. Rao Aged About 63 Years R/o Street No. C Triveni Nagar (Smriti Nagar ) Bhilai Durg (C.G.) ... Petitioner(s) versus 1 State Of Chhattisgarh Through Secretary Urban Administration And Development Department Mahanadi Bhawan Atal Nagar New Raipur (Raipur) (C.G.) 2 District Collector District Durg Collectorate Durg (C.G.) 3 Commissioner Municipal Corporation Bhilai Durg (C.G.) 4 Superintendent Of Police District Durg S.P. Office Collectorate Durg (C.G.) 5 Chowki Prabhari Chowki Smriti Nagar Bhilai Durg (C.G.) 6 Shri Ajay Singh Rajput Zone Commissioner Zone 1 Bhilai Durg (C.G.) 7 Shri Kuleshwar Nath Khute Tehsildar Durg Tehsil Office Durg (C.G.) 8 Monika Dewangan Patwari Halka Number 53 Junwani Road Smriti Nagar Bhilai Durg (C.G.) 9 Brijesh Sharma Through Monika Dewangan Patwari Halka Number Patwari Office Junwani Road Smriti Nagar Bhilai Durg ... Respondent(s) JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.02.14 15:43:59 +0530 2 For Petitioner(s) : Shri T.K. Tiwari, Advocate For Respondent(s)/ State : Shri R.K. Gupta, Addl A.G. For Respondent No. 3 : Shri Rajesh Kumar Kesharwani, Advocate Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 14/02/2025 Heard. 1. By the present writ petition, the petitioner is seeking direction towards the State authorities who are not taking any action or steps against respondent No. 9 who is encroaching over the government land bearing khasra No. 541 situated at Triveni Nagar (Smriti Nagar) Bhilai Durg, C.G. 2. Learned counsel for the petitioner would submit that, respondent No. 9 is raising construction of boundary wall, etc over the land bearing khasra No. 541 which is a government land and though the respondents No. 6, 7 & 8 are having knowledge about the said illegal encroachment being done by respondent No. 9, the respondents are not taking any steps to stop the said encroachment. He further referring to the representation made to various authorities including Tehsildar and Commissioner, Municipal Corporation submits that though the petitioner has apprised the said fact to the Revenue authorities and Municipal Corporation but still no action has been taken on the complaint/ representation of the petitioner and respondent No. 9 is proceeding with the illegal encroachment over the government land. 3. Learned State counsel submits that he is not having any instructions and the authority concern will verify and examine the facts as stated by the petitioner 3 in the complaint/ representation and if it is found to be true, the concerned authorities shall take necessary steps in accordance with law. 4. Learned counsel for respondent No. 3 also reiterated the submission made by the state counsel. 5. I have heard learned counsel for the parties and perused the pleadings, representation, photographs and the map annexed with the petition. 6. From the perusal of the complaint/ representation filed by the petitioner, it appears that the petitioner has lodged a complaint about the illegal encroachment over the government land by respondent No. 9, however respondent authorities have not taken any steps to examine or verify the said fact. The petitioner by raising some malafide impleaded the revenue authorities as parties stating that authorities are hand in gloves with respondent No. 9. 7. Considering the same, Collector, Durg is directed to verify and examine the complaint of the petitioner about the illegal encroachment by respondent No. 9 over the government land within a period of 20 days from the date of receipt of a copy of this order and if it is found that respondent No. 9 is raising any illegal construction over the government land bearing Khasra No. 541, the Collector, Durg shall take necessary steps in accordance with law against respondent NO. 9. 8. The petitioner shall apprise the Collector, Durg about the order of this court within 3 days. 9. With the aforesaid observation, the petition stands disposed off. Sd/- (Bibhu Datta Guru) JUDGE Jyoti