IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION No. -Ls'ao/2002 PETITIONERS ^^ ... ^i>f.<^>' .^y^^ • ..^0 ' ^^»1 ^";:e ^ RESPONDENTS \^ KC1 ^ 1. Bajrang, S/o Dokari, aged about 65 years, by caste - Kanwar, occupation : Agriculturist R/o Gram Dadar Khurd., Korba (C.G.) 2. Dhan Kanwar, S/o Dhanau, aged about 60 years, by caste - Kanwar, occupation : Agriculturist R/o Gram Mudhunara, Korba (C.G.) 3. Mangli, D/o Ratho, aged about 60 years, by caste - Kanwar, occupation : Agriculturist R/o Hathimuda, Korba (C.G.) VERSUS State of Chhattisgarh through Collector, Korba (C.G.) Commissioner, Municipal Corporation, Korba (C.G.) 3. President Gram Development Committee Dadarkhurd, Korba (C.G.) 4. - Secretary Gram Developmen't Committee i^adarkhurd, Korba (C.G.) ,^^ r^^•^ (^ r/ -2- WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA lY' + XI-HC-22 SW^T'^f WiW 3TI^T ^^kr Trf^ ^ "3~^"?qTqToT^^ 'g'^-lhFre, ^WI^IT^W^" 0/0<2^- 2(N) snt^i '^naj'c '^f^i T7Br2003- ^. ^qf^fqt^ ^Tq^ff -4 f^-^ Tf^H: Shri Gurudev Shar^n for the petitioners. Stiri Gautam Btiadijiri, Dy.A.G., for respondent no. 1. for respondent no.2. Shri Sanjay K. None for other ^ S'TFcR •y!T?¥T Agr^wal resp^ndents. Applications for ur^ent heariiig are allowed. Heard* The petltioner's co^tentton is that the agricultiiral land belonging to the petitiohers has been bulldozed. It is also 1 contended that he has b^en deprived ofthe cultivate land and even compensation for djamages has not been paid. Leamed counsel for the petitioi|iers subniite that the procecdings under Section 248 of thj abovesald Code have been started after the filing of tlie prepent writ petition. Retiim has been fpled by the respondent no.1, which has been adopted by res^ondent no.2. It is stated in the i-etum that out of the disputed area tliree acres of land has been eaiinai'ked for niiddle school (r^!^} XI-HC-22 ^n^i^T ^J<=h ^TI^T "^RW^tn ^sr -r^n^R, ^frOT^, l^fray TN^^ WWTl^W^ a.@?.o/-t 200 '^re^' 3TI^I ^^T^R ^rf^T ~ z - bhawaii alongwith playgroi^nd^ which has bccn cncroached by the petitioners and th^; same has been cleared. The proceedings under Section Code have been started aLgajiii! taken by the respondents ir^ petitioners inay file the replj Havkig heard the clear that much wiU depei| lea4ned determination as to wheth^ nieasurciiient to be dond authorlsed by the CoUector.l properly measured in presd petitioners at the earliest pr| So far as the coinpen^ ^N?<ri^^'Rm^f^ft^T^R?H: ^T 3^F['SIT^T 248 of the C.G. Land Kevenue inst the petitioners-The stand is paras 3 and 4 of the retum. The j in the said proceedings. counsel for the parties, it is [d upon as to whether the area bulldozed belongs to the pejtitioner or not. It would require r the area is encroached one or not. This can weU be deten^iined by deniarcation and proper by the conipetent authority [The saine be got demarcated and |nce of the parties including the ^ferably within a month. ?ation is concernedy that inay be considered after the deinaj'cation is done and if after the ['q^^p^r Y) ^) ^"\^ f& XLHC-22 ~?^r ^TP?M^, '^frOT^, f^pray _.ffi NWCT'^W^ ^ w^bz^- -^ 200 3:H^I^T I^W ;3T!^T fct^ '^Flf^FN 'RPT^ff ^ f^t Tf^R?K ^T 3TJ^R v3Ti^[ Hande/- deniarcation it is found 4iat the petitioner»? land has been buUdozed, the State to do pie needful. If any grievance sub^ists, the parties, if so advised, may flle the suit alongwith a s ita.ble application, taking all such grounds, which are availa|)le and in case such a suit is filed it shall be decided on its owii inerits in accordance with law. With the aforesakl |observatk)n^5 this petitmn stands dlsposed of at thls stage. Consequently, M.WJ Certifled copy as per No.713/02 stands disposed of. rules. Sd/- Fakhruddin Judge [^-^feq'