Disposed¶27

Suresh Soni v. Narayan Prasad Soni

Chhattisgarh HC18 Feb 2025WPC/540/2025

Case brief

AI extract

What is this about?

Suresh Soni v. Narayan Prasad Soni & others, WPC No. 540 of 2025, High Court of Chhattisgarh at Bilaspur, decided 19/02/2025 by Justice Bibhu Datta Guru (NAFR). Challenge to Tahsildar, Marwahi's order dated 16/01/2025 recalling interim restraint order dated 07/10/2024 concerning Khasra No. 1300/3; Committee of Halka Patwari and Revenue Inspector constituted for demarcation/inquiry into alleged construction; writ disposed with direction to Tahsildar to ascertain illegal construction within 25 days and act in accordance with law. No statutes or precedents cited; no monetary relief.

What did the court decide?

Direction to the Tahsildar to ascertain, within a period of 25 days, whether respondent Nos. 1 & 2 are raising any construction over the petitioner's land and to take necessary steps in accordance with law if illegal construction is found.

Suresh Soni Vs Narayan Prasad Soni — Chhattisgarh HC (2025) — LawSathi Research

2025:CGHC:8716

NAFR

Digitally signed by RAHUL RAHUL JHA JHA Date:2025.02.20 12:19:22 +0530

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 540 of 2025

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1 - Suresh Soni S/o Late Chhedi Lal Soni Aged About 57 Years R/o Village Seoni, Tahsil - Marwahi, District Gourella-Pendra-Marwahi Chhattisgarh

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. Petitioner(s)

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versus

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1 - Narayan Prasad Soni S/o Late Chhedi Lal Soni Aged About 57 Years R/o Village - Seoni, Tahsil Marwahi, District - Gorella-Pendra-Marwahi Chhattisgarh

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2 - Ravi Prakash Soni S/o Narayan Prasad Soni Aged About 40 Years R/o Village - Seoni, Tahsil Marwahi, District - Gorella-Pendra-Marwahi Chhattisgarh

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3 - Tahsildar, Marwahi District Gourella-Pendra-Marwahi, Chhattisgarh. (As Per Honble Court Order Dated 30-01-2025)

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Respondent(s)

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For Petitioner(s) : Mr. Malay Shrivastava, Advocate For State : Ms. Upasana Mehta, Dy. Govt. Advocate

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(HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board

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19/02/2025

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By the present petition, the petitioner is seeking quashment of order dated 16/01/2025 passed by the Tahsildar, whereby the Tahsildar recalled the interim order dated 07/10/2024 and directed to constitute a Committee consisting Halka Patwari and Revenue Inspector for making

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demarcation of land bearing Khasra No. 1300 and to submit a report.

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Learned counsel for the petitioner submits that earlier the Tahsildar had passed an order directing respondent No. 1 & 2 not to raise any construction over the land of the petitioner i.e. Khasra No. 1300/3, however, by the impugned order dated 16/01/2025, the said order has been recalled and a direction to constitute a Committee consisting of Halka Patwari and Revenue Inspector was made who has to inquire about the contention of the petitioner whether respondent Nos. 1 & 2 are raising construction over the land of the petitioner or not?.

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Learned counsel for the State, on instructions, would submit that the Tahsildar has already directed to inquire into the matter by a Committee consisting of Halka Patwari and Revenue Inspector. The Committee shall inquire about the fact alleged by the petitioner within a stipulated period, therefore, the writ petition may be disposed of .

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I have heard counsel for the parties and perused the order dated 16/01/2025 and 07/10/2024.

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From perusal of the order dated 07/10/2024, it is quite vivid that the Tahsildar had directed respondent No. 1 & 2 not to raise any construction over the land of the petitioner i.e. 1300/3, however, when the petitioner intimated the Tahsildar that some construction are being raised over the land of the petitioner, the Tahsildar had directed to constitute a Committee consisting of Halka Patwari and Revenue Inspector who has to inquire about the contention of the petitioner.

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Therefore, at this stage, this writ petition is disposed of with a direction

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to the Tahsildar to ascertain the fact whether any construction is being raised by respondent No. 1 & 2 over the land of the petitioner within a period of 25 days from today and take necessary steps in accordance with law, if it found that illegal construction has been raised over the land of the petitioner.

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The writ petition is, accordingly, disposed of.

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Sd/- (BIBHU DATTA GURU) JUDGE

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Rahul

Suresh Soni v. Narayan Prasad Soni

Case brief

What is this about?

What did the court decide?

Suresh Soni v. Narayan Prasad Soni

Case brief

What is this about?

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