D. Trinath Vs State of Chhattisgarh

1 - State of Chhattisgarh Through Its Secretary, Department of Revenue and Disaster Management, Mantralaya, Nawa Raipur, Atal Nagar, Raipur, District - Raipur (C.G.)

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2 - The Collector (Nazul Branch) Distt.- Durg (C.G.)

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3 - Sub-Divisional Officer (R) District - Durg (C.G.)

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4 - The Executive Engineer PWD, Sub-Division No. 02, Durg, Distt. - Durg

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(C.G.)

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5 - The Tehsildar Durg, District - Durg (C.G.)

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... Respondents For Petitioner : Ms. Juhi Anguria, Advocate For State : Mr. Praveen Das, Dy. AG along with Mr. Rishabh Bisen, PL for the State.

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ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.08.18 16:17:12 +0530

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(Hon’ble Shri Justice Arvind Kumar Verma)

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Order on Board

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14/08/2025

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By way of the instant petition, the petitioner has prayed for the following reliefs:-

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10.1 This Hon’ble Court may kindly be pleased to call for entire records pertaining to the subject matter.

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10.2 This Hon’ble Court may kindly be pleased to issue a writ in the nature of mandamus or suitable direction/order to the respondent authorities restricting them from causing obstruction on the temporary path used by the petitioners made across the nazul land bearing khasra no. 199.

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10.3 This Hon’ble Court may kindly be pleased to issue direction to the respondent authorities to stop the construction work over the land in question ensuring the smooth approach of the petitioners on their ownership lands situated adjacent the Khasra No. 199.

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10.4 This Hon’ble Court may kindly be pleased to allow any other relief which the Court deems fit and proper with cost of petition.

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The grievance of the petitioners is that though the petitioners are the owners of the land bearing Khasra No.166, 177/2 & 173/3 and they have been availing the easementry right of way for the last 22 years

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though a 10 acres of Nazul land bearing Khasra No.199 and now the State Government is going to construct the boundary walls upon the temporary path for construction of Judicial Officer Colony on about 04 acres of land due to which the temporary path to the land of the petitioners would be blocked. Earlier the petitioners have filed a writ petition bearing WPC No.1941 of 2024 which was disposed of by order dated 04/04/2024 wherein this Court has granted liberty to the petitioner to make a representation before the SDO (R) in the light of circular dated 16.12.2011 and in turn, the concerned authorities are directed to consider and pass an appropriate order preferably within a period of 4 months from the date of receipt of copy of this order. Thereafter, pursuant to the order passed by this Court, the petitioner filed a representation on 18/04/2024 before the SDO (R) Durg thereafter the petitioner received the relevant documents regarding construction of Judicial Officer’s Colony under the RTI. Hence this petition.

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At this juncture learned counsel for the petitioner would submit that the respondents may be directed to decide the representation made by the petitioner and the instant petition may be kept pending.

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Per contra, learned State counsel contended that instead of keeping this petition pending, it may be disposed of with a direction to decide the representation made by the petitioner.

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I have heard learned counsel for the parties at length and perused the documents with utmost circumspection.

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Considering the entire facts & circumstances of the case, the respondent authorities are directed to decide the representation made by the petitioner on 18/04/2024 within a period of 60 days from the date of receipt of copy of this order, in accordance with law.

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With the aforesaid observation, the instant writ petition stands disposed of. SD/-

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SD/-

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(Arvind Kumar Verma) JUDGE

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ashu

D. Trinath v. State of Chhattisgarh

Case brief

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D. Trinath v. State of Chhattisgarh

Case brief

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