Ashish Agrawal v. Collector Janjgir

Chhattisgarh HC26 Nov 2024WP227/449/2018

Case brief

AI extract

What is this about?

re-demarcation of land; Collector Janjgir; Janjgir-Champa; writ of certiorari; WP227 No. 449 of 2018; interim stay dated 02.07.2018; no final order passed; jurisdiction of Collector; direction to pass final order within 45 days; liberty to raise grounds; liberty to challenge adverse order; writ petition disposed; Chhattisgarh High Court Bilaspur; Justice Deepak Kumar Tiwari; 2024:CGHC:46627; NAFR

What did the court decide?

No substantive relief as prayed; writ petition disposed of with a direction to the Collector to pass a final order within 45 days and liberty reserved to the petitioner. ¶¶27

Ashish Agrawal Vs Collector Janjgir — Chhattisgarh HC (2024) — LawSathi Research

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2024:CGHC:46627

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WP227 No. 449 of 2018

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PRIYANKA VERMA Digitally signed by PRIYANKA VERMA Date: 2024.11.28 17:13:42 +0530

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Ashish Agrawal S/o Puranmal Agrawal, Aged About 38 Years R/o Village Naila, Tahsil Janjgir, District Janjgir Champa Chhattisgarh

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... Petitioner

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versus

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1. Collector Janjgir District Janjgir Champa Chhattisgarh

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2. Salik Ram Tiwari (Dead) Through Lrs.

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2.1 - (a) Sailendra Tiwari, S/o Late Salik Ram Tiwari, Aged About 58 Years

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2.2 - (b) Hemant Tiwari, S/o Late Salik Ram Tiwari, Aged About 44 Years

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2.3 - (c) Rajesh Tiwari, S/o Late Salik Ram Tiwari, Aged About 38 Years Respondent No.2(a) to 2(c) are R/o in Front of Old Government Hospital Building, Janjgir, District Janjgir Champa Chhattisgarh

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... Respondents

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For Petitioner : Mr. H.V. Sharma, Advocate

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For State : Mr. S.K. Puria, PL

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Hon'ble Shri Justice Deepak Kumar Tiwari

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Order On Board

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27/11/2024

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1. This petition has been filed for the following reliefs:

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“10.1 It is therefore prayed that this Hon’ble Court may kindly be pleased to issue a writ of CERTIORARI quashing the order dated 30.12.2016 passed by the respondent No.1/Collector Janjgir, District Janjgir-Champa for re-demarcation of the lands in question.

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10.2 It is therefore prayed that the record of the Court below may be call for disposal of the instant petition. 10.3 That this Hon’ble Court may kindly be pleased to issue any writ or order or direction as deem fit in the interest of the justice.”

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2. Learned counsel for the petitioner submits that the concerned Collector does not have the jurisdiction to pass the said order, as no final order has been passed in the aforesaid matter due to interim stay granted by this Court on 02.07.2018.

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3. Having heard learned counsel for the petitioner, this Court only observes that the concerned Collector shall proceed in the matter in accordance with law and pass a final order within a further period of 45 days from the date of receipt of a copy of this order. The petitioner would be at liberty to raise all such grounds in the aforesaid hearing which are raised in this Petition. If any adverse order is passed against the petitioner, the petitioner would be at liberty to challenge the same in accordance with law.

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4. With the aforesaid observations, this Writ Petition stands disposed of.

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Sd/-

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(Deepak Kumar Tiwari)

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Judge

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Priyanka

Ashish Agrawal v. Collector Janjgir

Case brief

What is this about?

What did the court decide?

Ashish Agrawal v. Collector Janjgir

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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