HIGH COURT OF CHHATTISGARH, BILASPUR
WPPIL No. 11 of 2018
1. Gyan Praksh Sahu S/o Rajendra Kumar Sahu, Aged About
30 Years,
2. Vyas Narayan S/o Pancham Dhurander Aged About 52
Years,
3. Yaman Lal Sahu S/o Gulal Ram Sahu, Aged About 35 Years,
All are R/o Khamhariya (D), P.O. Khamhariya (D), Tahsil
Patan, Civil And Revenue District Durg Chhattisgarh.
---- Petitioners
Versus
1. State Of Chhattisgarh Through The Secretary, Department
Of Panchayat, Mahanadi Bhawan, Naya Raipur
Chhattisgarh.
2. The Collector, Durg, District Durg Chhattisgarh.
3. Sub Divisional Officer, Durg, District Durg Chhattisgarh.
4. The Tahsildar, Patan, District Durg Chhattisgarh.
5. Gram Panchayat, Khamhariya, Through Its President, Tahsil
Patan, District Durg Chhattisgarh.
6. Gram Panchayat, Khamhariya, Through Its Secretary, Tahsil
Patan, District Durg Chhattisgarh.
7. Gram Panchayat Kosariya Marar (Patel) Samaj, Through Its
President Village Khamhariya (Patan), District Durg
Chhattisgarh.
---- Respondents
For Petitioners Shri Punit Ruparel, Advocate. For Respondents/State Shri Y.S. Thakur, Additional Advocate General.
Hon'ble Shri Justice Prashant Kumar Mishra Hon'ble Shri Justice Ram Prasanna Sharma
Order On Board By Prashant Kumar Mishra J.
19/04/2018
1. It is putforth that the respondent No.7 Gram Panchayat Kosariya Marar (Patel) Samaj has constructed a building over nistari land reserved to be used as compost pit, locally known as guruva.
2. At this juncture, learned State counsel would submit that a case of encroachment of Government nistari land has been registered against the respondent No.7 and the notice has been issued to the said party, which is evident from the document Annxure A-1.
3. Since the respondent/State has already initiated the proceeding, the writ petition is disposed of with observation that the competent authority shall complete the proceedings within a period of three months from today, keeping in view the observations made by the Supreme Court in Jagpal Singh and others v. State of Punjab and others reported in (2011) 11 SCC 396.
1. It is putforth that the respondent No.7 Gram Panchayat Kosariya Marar (Patel) Samaj has constructed a building over nistari land reserved to be used as compost pit, locally known as guruva.
2. At this juncture, learned State counsel would submit that a case of encroachment of Government nistari land has been registered against the respondent No.7 and the notice has been issued to the said party, which is evident from the document Annxure A-1.
3. Since the respondent/State has already initiated the proceeding, the writ petition is disposed of with observation that the competent authority shall complete the proceedings within a period of three months from today, keeping in view the observations made by the Supreme Court in Jagpal Singh and others v. State of Punjab and others reported in (2011) 11 SCC 396.
Sd/- Sd/-
Judge Judge
Prashant Kumar Mishra Ram Prasanna Sharma
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