^s. (Q QKUfM IN THE HIGH COURT OF JUDICATURE AT BILASPUR (C.G.) Writ petition. No. 5l\3--:' /2005. PETITIONER ...' ..••'^-.•- .<*-•• ^°M/ </<^' ^A-y ^<.~Q°y ^' ^ FTWAR SINGH SAHU, S/o Bishamber Sahu, Aged about 57 years, R/o village Achhoti, P.S. Pulgaon, Tahsil Pulgaon, Dist. Durg, Chhattisgarh. VERSUS RESPONDENTS ^l. STATE OF CHHATTISGARH, Through Secretary, Office situated at Secretariate Raipyr, Chhattisgarh. L ^%^& ,^w •y' ^2, Collector, Durg, Office sity -atecll at Durg, Dist. Durg, Chhattisgarh. "3. Station House Offlcer, P.S.Pulgaon, Tahsil and Dlst. Durg, Chtiattisgarh. 4. Gram Panchayat, Achhoti, throu.gh .Sarpanch of Gram Panchay.at, Achhoti, Offlce situated at village Achhoti, Tahsil and Dist. DuSsg, Chhattisgarh. Contd.2/-..-.-..-... lasi^-SSSS?^E^>'^ffSSsS^'°1^' (S^ WRFT PETITION UNDER ARTICLE 226 OF THE CONSTrTU- TION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS/PROHIBmON/CERTIORARI/DIREC TION/DIRECTIONS.ORDER/OR&ERS. N) vj-cq -t||<|lrt<<, U>Tll'(1<l<»,RlriWy<( TTTCFT ^Trq»"""^^*'f'^t "^ • •••"(1 • W-^200 3H^?T tRcR (i^c|[^<i) 3n^?TwR-)i<b aairsn^CTaniw s^nw^fei9ii^?i 11-11-2005 Shri N.S. Dhurandhar, Shri Sandeep Dubey, 3.1 t0 3. Heard both the counsel. The case of the petitioni Pukka house (cattte house) 0(1 395/1 in the viliage Achhoii ai petitioner's relativ®namely Rot front of the house of the petition) as passage by the famiiy merr) cattle and for going to the respondent No.4 has constructf on 26-10-2003 on the day of Df other material were thrown in ft the same was not removed, th^ 5th Civil Judge, Class-2, Durg) injunction was also granted in fl No.4 to remove the mud and o1 house of the petitioner. It was| other filthy material taken out fi] the house 6f the petitioner. it should not put any obstructicln petitioner, but this order is not contempt petition which is perfdin being passed by the 5 Civil Jut co(inse! for the petitioner. (^ovt. Advocate for the State/respondents qii<ifn<ili *)i*f«T^"fei3•(Rl't^l-i 1)gi^tr3ii^?i is that the petitioner has constructed a his iand bearing Khasra Nos.397 and |d adjacent to the petitioner's house the |it Kumar Sahu's house is also there. in ^r, there is road (Gati) which is being used |bers of the petitioner, for the purpose of [hreshing fieid. In front of the house, |d a drain (Nali) up to the boring (tubewell) ipawali. While djgging the drain mud and [•ont of the house of the petitioner. When petitioner filed a civit suit in the Court of on 8-12-2004 and temporary/mandatory avour ofthe petitioner directlng respondent her materia! which were put in front of the atso directed that in future also mud and om that drain should not be put in front of was further directed that respondent No.4 and hindrance in the passage of the leing complied with. The petitioner fiied a ding since last one year, but no order js ige, C!ass-2, Durg. SP/FS/200S-20,000 ^wf '<ii«irt«,ytfl'i^iti, Rrii^y-< *11*lc»l^TT^ 3n^?r^TR-ii<b °RiTsii^?r**ijct) Sarve ^P/FS/2005 - 20,000 <-y 3(I^5T q^p (<i?fg<IS) ^200 e^irw^ifer aii^?r <- Learned counsel for tt Judge, Ciass-2, Durg be dire. not being decided by the civil Prayer made by learni reasonable and the same c; respbndents as the oniy pra' Civil Judge, Class-2, Durg be For the foregoing reas and the same is aliowed. directed to decide the conten than 6 weeks and to ensure Court. Parties are entitied for WK<FCT<II-I *i]*inV4"lsl<l •(Rl'^t'! ^3rf^T3II^?T |e petitioner submitted that learned 5 Civii [ted to decide the contempt petition which is |d counsel for the petitioner is just, fair and |n be allowed without issuing notice to the 1-er made by learned counsel is that the 5 ^irected to decide the contempt petition. (ins, this writ petition desen/es to be allowed |Learned 5 Civil Judge, Class-2, Durg is ^pt petition as early as possib!e but not !ater [the compiiance of the order passed by ;ertified copy of this order. Sd/- LC.Bhadoo Judge