Brijesh Sharma Vs State of Chhattisgarh

1 - State Of Chhattisgarh Through Secretary, Urban Administration And Development Department Mahanadi Bhawan, Atal Nagar, New Raipur, (Raipur) Chhattisgarh.

¶11

2 - District Collector District Durg, Collectorate Durg Chhattisgarh.

¶12

3 - Commissioner Municipal Corporation Bhilai, Durg, Chhattisgarh.

¶13

4 - Tehsildar Durg, Tehsil Office, District Durg Chhattisgarh.

¶14

5 - Patwari Halka Number 43 Junwani Road, Smriti Nagar, Bhilai, Durg

¶15

Chhattisgarh.

¶16

6 - Ravinder Singh Madan S/o Madan Singh Madaan, House No. 70, Nehru Nagar (Old), Motilal Nehru Nagar, Bhilai, District Durg Chhattisgarh.

¶17

... Respondents

¶18

(Cause-title taken from Case Information System)

¶19

For Petitioner	:Mr. Bhaskar Payashi, Advocate
For Respondents-State	:Mr. Santosh Bharat, P.L.
For Respondent No.3	:Mr. Rajesh Kumar Kesharwani, Advocate

¶20

2

¶21

Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board

¶22

23.04.2025

¶23

1. Heard Mr. Bhaskar Payashi, learned counsel for the petitioner as well as Mr. Santosh Bharat, learned Panel Lawyer, appearing for the State and Mr. Rajesh Kumar Kesharwani, learned counsel, appearing for the respondent No.3.

¶24

2. The petitioner has prayed for following relief(s):-

¶25

“10.1 That, the Hon'ble court may be pleased to issue a writ of mandamus commanding respondent no 02 to 05 to initiate action against the respondent no 6 for encroaching the govt land bearing no 541 situated at Street no C Triveni Nagar (Smriti Nagar) Bhilai Durg C.G. and proceed with to remove the encroachment.

¶26

10.2 That, the Hon'ble court may be pleased to insue the writ of mandamus commanding Respondent no 1 to 3 to initiate action against the respondent no 4 and 5 for facilitating the respondent no 6 in encroaching the government land inspite of having knowledge that khasra no 541 is the govt land an per the approved map of their own record.

¶27

10.3 That, Hon'ble court may be pleased to issue writ of mandamus commanding to the respondent no 2 to 5 as to remove encroachment/construction proceeded by

¶28

3

¶29

respondent no 6 over the govt land bearing Khasra no 541 situated at Street no C left for public utility Le. for approach road.

¶30

10.4 Any other relief, which this Hon'ble Court thinks fit and proper in the favour of the petitioner may kindly be passed.”

¶31

3. By the present writ petition, the petitioner is seeking direction towards the authorities concerned who are not taking any action or steps against respondent No.6 who is encroaching over the Government land bearing Khasra No.541 situated at Triveni Nagar (Smriti Nagar) Bhilai Durg, C.G.

¶32

4. Learned counsel for the petitioner would submit that, respondent No. 6 is raising construction of boundary wall, etc over the land bearing khasra No.541 which is a government land and though the respondent authorities are having knowledge about the said illegal encroachment being done by respondent No.6, the respondents authorities are not taking any steps to stop the said encroachment. He further referring to the representation made to various authorities including Tehsildar and Commissioner, Municipal Corporation submits that though the petitioner has apprised the said fact to the Revenue authorities and Municipal Corporation, but still no action has been taken on the complaint/ representation of the petitioner and respondent No.6 is proceeding with the illegal encroachment over the Government land.

¶33

4

¶34

5. Learned State counsel submits that he is not having any instructions and the authority concerned will verify and examine the facts as stated by the petitioner in the complaint/ representation and if it is found to be true, the concerned authorities shall take necessary steps in accordance with law.

¶35

6. Learned counsel for respondent No. 3 also reiterated the submission made by the State counsel.

¶36

7. I have heard learned counsel for the parties and perused the pleadings, representation, photographs and the map annexed with the petition.

¶37

8. From the perusal of the complaint/ representation filed by the petitioner, it appears that the petitioner has lodged a complaint about the illegal encroachment over the Government land by respondent No.6, however respondent authorities have not taken any steps to examine or verify the said fact. The petitioner by raising some malafide impleaded the revenue authorities as parties stating that authorities are hand in gloves with respondent No.6.

¶38

9. Considering the same, Collector, Durg is directed to verify and examine the complaint of the petitioner about the illegal encroachment by respondent No.6 over the Government land within a period of 20 days from the date of receipt of a copy of this order and if it is found that respondent No.6 is raising any illegal construction over the Government land bearing Khasra No.541,

¶39

5

¶40

the Collector, Durg as well as the Municipal Commissioner, Bhilai, Durg shall take necessary steps in accordance with law against respondent No.6.

¶41

10. The petitioner shall apprise the Collector, Durg as well as Municipal Commissioner, Bhilai, Durg about the order of this Court.

¶42

11. With the aforesaid directions/observations, instant writ petition stands disposed off.

¶43

Sd/-

¶44

(Amitendra Kishore Prasad) Judge