C39 M/ @ HIGH C OURT ‘OF 'CHHZ-XTTISGARH AT BILASPIR Hg? . . é/O2 IN THE Writ Petition No . Prakash Bek s/o Shri Pahalu, i aged about 35 years, r/o vill,a— j, 'Basantala , P-O.- Basantala , e Vs l. S.D.Ou (Revenue),Kunkuri, (Shri Aanand Masrilh ) _£3_E_T ITiomER : Th. Kunkuri , Dist. Jushpur<CaG.) K‘ Te‘h. Kunkuri, Distt~ Jashpur (C.G.) Collecor, Jash-gur {Shri I-':aR.Sarathi A. Distw Jushpur (C.G.) o The State O'E cLha-t-tisg'arh , ,y Trough the Sacratery Publick Work Mpartment Raipur u/s 226 OFmpOwSTITUmox E INDIA y \A t h N EIGH iiQURT {3F CHEATTISG$RE BILASPUR Writ Petiticn §a. 1 i5§ cf 2$02 Pragh Bk ka e -Vs_ $3.0. {Revenue}, Kunkuri & OtherS Petitioner by Si. Me’ena Shastri, Advocate. State by Shri Ranbir Smgh, Govt. Advocate. @BER R By Justice Fakhruddin, J. 1. By thiS pCtion under Article 226 of the Censtitutian of mdia, th€ pvetitiener submits that he Hospital which is being constcted over the 1a11d of the father of the petitioner be (lemolished anti further consruction be restrained. . Learned counsel for the peitioner conended that the construction of the Hoepital has been made on the land " belonging‘to the father of the petitioner. It is contended that M m ti t ru t 2 t t the 131m has not 136611 acquirgd nor any compensation has been paid. 3. Learned counsel appearing for the State, on the other hand, eubmits that the construction of the HOSpital is being made over {he Government land. It is in the [public interest. It is further submitted mat the construction of the Hospital is not at al1 illegal and the petitioner raiees, dieputed question of fact. It is also Submitted that the petitioner has not submitted any representation nor any notice for demand of jus‘tice has been given. The construction is practically complete. 4. Since the construction of the Hospital as stated to be practically completed, the question regarding compensation or otherwise would arise. Thepetitioner has also not made any representation nor served any notice for demand of - justice. 5. Having considered the facts and circumstances of the case and material on record, in the opinion of this Court, ends ofjustice would be served if a direction is given that the petitioner shall tile a detailed affidavit along with a copy of this order as well as copy of the petition With annexures befcre the respondent No. 2/’C0Hector Jashpur, diStrict JaShpur. If Such a representation 1S filed, the Collactor shal} decide the same in accordance with law as early as possible preferably within a period of two months from the date of representation. If it is fcund that the land of the petitioner has been enereaehed upon and Ehe hospital is being conetructed on the land of the petitioner’s father Without making any payment of comyensation, the petitioner shall be at iiberty to {lie a civii suit for compensation in aécordance with law, if so desire. With these Observatiens, the petition is disposed of. Certified copy as per rules.M” g1 sdl- ' Fakhruddin Judge égi‘o-zooz , ‘ ‘PATHAK/ .