Disposed

Kanak Khande v. State of Chhattisgarh

Chhattisgarh HC6 Jul 2023WPC/3027/2023

Case brief

AI extract

What is this about?

Petitioners challenged encroachment proceedings on government land and alleged political harassment regarding their private land. The court held the petition premature as no notice was issued for private property demolition and directed petitioners to approach the authority regarding other encroachers before filing complaints.

What did the court decide?

Writ petition disposed of; petitioner at liberty to approach authority regarding other encroachers.

Kanak Khande Vs State of Chhattisgarh — Property and Title | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPC No. 3027 of 2023

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Kanak Khande S/o Sudin Khande Aged About 49 Years R/o Village Baghelkapa, Tehsil Takhatpur, District- Bilaspur, Chhattisgarh.

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Panch Bai Khande W/o Kanak Khande Aged About 48 Years R/o Village Baghelkapa, Tehsil Takhatpur, District- Bilaspur, Chhattisgarh.

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------Petitioners

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VERSUS

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State of Chhattisgarh through Secretary, Department of Revenue and Disaster Management Mahanadi Bhawan, Atal Nagar Raipur, DistrictRaipur, Chhattisgarh.

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The Collector Bilaspur, District- Bilaspur, Chhattisgarh.

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The Sub Divisional Officer Tehsil Takhatpur, District- Bilaspur, Chhattisgarh.

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The Tehsildar Tehsil Takhatpur, District- Bilaspur, Chhattisgarh.

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The Patwari Tehsil Takhatpur, Halka Number- 15, District- Bilaspur, Chhattisgarh.

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Raj Kumar Khande S/o Gore Lal Khande Aged About 40 Years R/o Village Baghelkapa, Tehsil Takhatpur, District- Bilaspur, Chhattisgarh.

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------- Respondents

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(cause title is taken from Case Information System)

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For Petitioners : Mr. Saket Pandey, Advocate For State : Mr. Ghanshyam Patel, Govt. Advocate

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Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD

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06/07/2023

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Learned counsel for petitioner submits that based on the complaint made by the village panchayat, Baghelkapa, Tahsil Takhatpur, District Bilaspur, C.G., proceedings have been initiated for removing encroachment and in that drive, construction of petitioner over the Government land has been demolished. He further submits that the action taken against the petitioner is politically motivated, he is apprehending that petitioner may be harassed by taking action on the construction over his private land also and therefore this writ petition is filed. It is further contention of the petitioner that the village panchayat

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in its complaint has adopted pick and choose method and there is no action against the other persons who have also encroached the Government land.

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Learned State counsel submits that from submission of counsel for petitioner it appears that petitioner has filed this writ petition only on the apprehension that some action may be taken for demolition of structure over his private land also, no notice has been issued in this regard. He further submits that with respect to action not taken by the village panchayat against other persons, petitioner has not approached the authority by making any application.

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I have heard learned counsel for the parties.

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Petitioner is apprehending that action may be taken for demolition over his other private property standing on private land, no notice is issued to him in this regard as stated by learned State counsel and therefore to that extent this writ petition is pre-mature. Sofar as, the other ground made by counsel for petitioner of not taking any action against other encroachers, he is at liberty to approach the appropriate authority raising his grievance, and in the event petitioner submits any application/ representation, the concerned authority shall take decision in accordance with law.

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With the aforesaid observation and direction, writ petition is disposed of.

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pāwān

Kanak Khande v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Kanak Khande v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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