Dismissed

Rameshwar Singh Mandavi (S.T.) v. State of Chhattisgarh

Chhattisgarh HC27 Nov 2020WPC/3003/2020

Case brief

AI extract

What is this about?

The High Court at Bilaspur dismissed the writ petition seeking quashing of a notice to demolish alleged illegal construction addressed to a third party. The court held that Section 248 proceedings are judicial and not amenable to writ jurisdiction, urging the petitioner to use statutory remedies.

What did the court decide?

Writ petition was dismissed as the proceeding under Section 248 of the C.G. Land Revenue Code is judicial and subject to statutory remedies.

Rameshwar Singh Mandavi (S.T.) Vs State of… — Property and Title | Chhattisgarh HC (2020)

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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W.P.(C) No. 3003 of 2020

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Rameshwar Singh Mandavi (S.T.) S/o. Late Mayaram Mandavi, Aged About 67 Years, R/o. Lal Bahadur Shashtri Ward No.8, Lalbagh, Jagdalpur, District Bastar, Chhattisgarh

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---- Petitioner

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Versus

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State Of Chhattisgarh, Through The Principal Secretary, Revenue /Disaster Management Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh

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Collector Jagdalpur, District Bastar Chhattisgarh

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Tahsildar Jagdalpur, District Bastar Chhattisgarh

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Sub Divisional Officer, P.W.D. (B & R), Sub Divisional No. 01, Jagdalpur District Bastar Chhattisgarh

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---- Respondents

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For Petitioner : Mr. T.K.Jha, Advocate For State : Mr. Amrito Das, Addl. A.G.

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Hon'ble Shri Justice Goutam Bhaduri

Order On Board

27.11.2020

Heard

By the instant petition, the notice dated 17.11.2020 (Annexure P-1) has been sought to be quashed. The contents of notice would show that it was addressed to Smt. Jabita Mandavi and the subject of the letter shows that it is alleged that she has constructed illegal construction in the House E-4, which is against the Government Rules. Therefore, she may remove the same or otherwise it would be demolished.

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During the course of argument, when it was categorically asked that the notice addressed to Smt. Jabita Mandavi whereas the petition has been filed by Rameshwar Singh Mandavi; it is contended that the said House E- 4 is not in possession of the petitioner. Being so, if the house is not in possession of the petitioner how the petitioner would be aggrieved, the

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Court is not able to appreciate. With respect to the proceeding under Section 248 of the C.G. Land Revenue code, the proceeding cannot be quashed, as it is a judicial proceeding and if some orders are passed then the petitioner can avail the appropriate remedy available to him under the statute. The petition is devoid of all merit and therefore it is dismissed.

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Sd/- (Goutam Bhaduri) Judge

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Aks

Rameshwar Singh Mandavi (S.T.) v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Rameshwar Singh Mandavi (S.T.) v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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