Single judge of the Chhattisgarh High Court dismissed a writ petition challenging a notice for allotment of government land. The court held that being only a notice, it was not inclined to interfere and directed the petitioner to cooperate in the notice proceedings.
The writ petition was disposed of without entertaining the challenge to the notice.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
-1-
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 79 of 2020
Krishna Nand Yadav S/o Late Mahaveer Prasad Aged About 68 Years R/o Village Jhagarha, Tahsil And District Korba, Civil And Revenue District Korba Chhattisgarh.
---- Petitioner
Versus
1. State Of Chhattisgarh Through Secretary, Revenue Department, Mahanadi Bhavan, Atal Nagar, Raipur, District Raipur Chhattisgarh
2. The Collector Korba, District Korba Chhattisgarh.
3. The Sub Divisional Officer (Revenue) Korba, District Korba Chhattisgarh
4. The Tahsildar Korba, District Korba Chhattisgarh. ---- Respondents
For Petitioner : Shri Manoj K. Sinha Adv. For State : Shri Ishan Verma, P.L.
Hon'ble Shri Justice P. Sam Koshy Order on Board
10.01.2020
1. The Challenge in the present writ petition is to the impugned order Annexure P/1 dated 23.11.2019 whereby the Tehsildar Korba has issued a notice to the petitioner for issuance of allotment of Government land over which it is alleged that petitioner has encroached. At the out side, it is only a notice which is issued by the Tehsildar Korba, this Court therefore is not inclined to entertain the writ petition.
2. Moreover, from the pleadings to the petition, it appears that petitioner has already approached the concerned authorities and has moved an application for granting of clarifications and details. Since the petitioner has already approached the respondent-Tehsildar seeking for certain clarifications and information, this Court does not intend calling for an interference to this notice at this juncture on this Count also.
-2-
3. The right of the petitioner is reserved to approach the authorities concerned and ventilating his grievance which includes the dispute raised by the petitioner, firstly, in respect of the measuring of agriculture land in square feet and secondly, in attracting clause 2.4 of the said guild-lines whereas according to the petitioner it should have been calculated as per Clause 2.3. All these facts are one which would be considered by the Tehsildar while deciding the notice on merits. The petitioner is expected to render full cooperation in the notice proceeding issued by the Tehsildar for the purpose of early conclusion of the proceedings.
4. The present writ petition accordingly stands disposed of.
(P. Sam Koshy) Judge
1 issue framed by the court
Whether the High Court should entertain a writ petition challenging a mere notice for issuance of allotment of government land alleged to be encroached upon.
Krishna Nand Yadav
State Of Chhattisgarh Through Secretary, Revenue Department
The Collector Korba
The Sub Divisional Officer (Revenue) Korba
The Tahsildar Korba
P. Sam Koshy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
