;?r.:';^? ^' fl^r'ft! ^. ?- ^s '^ g13 ^S E^ ^» '^ ^ S ''* c BEFORE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (C)NoJ'^9-| /2009 PETITIONER Gram Panchayat Manki, Through: It's Sarpanch- Shailendra Singh Kashyap son of Shri Yogendranath Kashyap, aged about 30 years, Sarpanch, Gram Panchayat Manki, Tahsil Rajnandgaon, District Rajnandgaon (C.G.) VERSUS RESPONDENT .^v /A /^f v y^'7 .f J^A^ ^M .,^^¥ f^^6JKO/ ^^y 7<^/ / ^'^' y' State of Chhattisgarh, Through: the Secretary, Revenue Department, D.K.S. Raipur(C.G.) Chhattisgarh Grih Nirman Mandal Project, Division Rajnandgaon, Through: Its Executive Engineer, Chhattisgarh Rajya Grih Nirman Mandal, G.E. Road, Rajnandgaon (C.G.). The Collector Rajnandgaon, District Rajnandgaon (C.G.) Naib Tahsildar, Rajnandgaon, District Rajnandgaon (C.G.) Gram Panchayat Torankatta, Through: Sarpanch, Village Torankatta, Tahsil and District Rajnandgaon (C.G.) WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA. Si'B' ss'. 1^^^' ^a^:. m& 9 !t HIGM COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (C) No. 5871 of 2009 PETITIONER : Gram Panchayat Manki VERSUS RESPONDENTS : State of Chhattisgarh & Others. WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA SB: Hon'ble ShriSatish K. Aanihotri._J, Present: Shri Anup Majumdar, Advocate for the petitioner. Shri A.S.Kachhawaha, Dy. Advocate General for the State/ respondents No.1, 3 & 4. Shri Sanjay Patel, Advocate forthe respondent. No.2 ORDERtORAU (Passed on 27th day ofSeptember, 2010) Heard learned counsel for the parties. 1. Learned counsel appearing for the petitioner submits that contrary to the resolution dated 22.12.2007 (Annexure P-3) and 23.06.2009 (Annexure P-5), wherein the Gram Panchayat decided not to agree for taking of the land of Gram Panchayat, which according to the petitioner is "Bade Ghas Ka Jangal". 2. The respondents have produced resolution dated 22.12.2007, wherein no signature ofother members is found except signature of the Sarpanch. It creates a doubt about the genuineness of the resolution and further with regard to the nature of the land. The question asto whether, if land is "Bade Ghas Ka Jangal" though according to the State, it is a land reserved for grazing i.e. "Charai". 3. Be that as it may, since the disputed facts are involved, the Collector, Rajnandgaon, is directed to look into the matter and if it is found that the land is nota Government land or it belongs to a forest, pass an appropriate order, in accordance with law, as early as possible, preferably within a period of two months, after affording opportunity of hearing to the petitioner and Chhattisgarh Housing Board. 4. In view of the foregoing, the petition stands disposed of. Noorder asto costs. Ashok Sd/- Satish K. Agnihotri Judge