^ ^^^7, @ IN THE HIGHCOURT OF JUDICATURE AT BILASPUR, CHHATTISGARH WRIT PETITION fC) OF ^ZlfaOQ9 N^. date^- PETITIONER : •-^h^ —r"l-t/;;o^^^ ^sfS'^^L M^;\r^J:?.5-"""* RESPONDENT 1. Shalik Ram Gupta, aged about 75 years, S/o. Khaderan Sao, R/o. Nagar Ramanujganj, District Surguja, Chhattisgarh VERSUS State of Chhattisgarh, Through: The Secretary, Government of Chhattisgarh, Urban Administration & Development Department DKS Bhawan, Mantralaya, Raipur, Chhattisgarh 2. ^' 3. 4. 5. ^ The Collector, District Surguja (Ambikapur) Chhattisgarh The Nazule Officer, (Sub Divisional Officer (Revenue) District Surguja, Chhattisgarh The Chief Munidpal Officer, Nagar Panchayat Ramanujganj, District Surguja, Chhattisgarh The Tahsildar, Paal, Ramanujganj, District Surguja, Chhattisgarh WRIT UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF APPROPRIATE WRIT IN THE NATURE OF. MANDAMUS. CERTIORARI OR ANY OTHER WRIT/WRITS OR ORDER/ORDERS OR DIRECTION OR DIRECTIONS OF THE LIKE ^ 8^ HIGH COURT OF CHHA1TISGARH AT BILASPUR WRIT PETITION (C) No. 2318 of2009 PETmONER : Shalik Ram Gupta. VER8U8 RESPONDENTS : State ofChhattisgarh & Others. WR1T pETmON UNDER ARIICLE 226 OF THE CONSTITUTION OF INDIA SB: Hon'ble Shri Satish K. Agnihotri, J. Present: Shii Manoj Paranjpe, Advocate fbr the petitioner. Shri P.K.Bhaduri, Piinel Lawyer forthe State/respondeiit No. 1, 2,3 and 5. SM N.K.Chatterjee, Advocate forthe respondent No. 4. ORUER (ORAL) (Passcd on 05th day of July, 2010) 1. Case ofthe petitioner is that the petitioner has placed a tin shed on his own laiid in order to protect the same from rain etc. and prevent daniage to his house, as earlierfhis was made ofearthen tiles. Admittedly, this is a land owned by the petitioner, Leamed counsel for the petitioner seeks a direction to ttie respondents not to remove the shed without following the due process of law as envisaged in the Chhattisgarh Mumcipal Coiporation Act, 1956 (for short 'theAct, 1956r). 2. On the other hand, Shri Chatterjee, leamed counsel appearing for the respondent No. 4 submite that the petitioner has encroached upon the govemment laud which has been verified in detail by the Additional Collector, Ambikapun District Surguja, in his order dated 22.03.2006 (Annexure R/4-1). 3. Be that as it may, demarcation offhe land in possession is not cleai* either from the order ofthe Additional Colleotor or from the retum filed by the respondent No. 4. Without expressing any opinion on the nature .^•^^^, 8^ 4. 5. ofthe land asto whether it belongs to the petitioner or it is a govenmient land, the Collector, Surguja, is dii'ected to look into the matter and after affbrding an opportunity of hearing to the petitioner as well as the respondent No. 4, pass appropriate orden within a period offour weeks from the date of receipt of a copy of this order, as it appears that the order dated 02.04.2009 (Amiexure P/l) has been passed without affording an opportunity ofhearmg to the petitioner. The same appears to be vitiated. Consequently, the order dated 02.04.2009 (Annexure P/l) is quashed. However, the respondent No. 4 is at liberty to take appropriate action in accordance with law after the dispute has been considered and decided by the Collector, as aforestated. With the aforesaid obsei'vation and direction, the writ petition is disposed of No order asto costs. Sd/- Satish K. Agnihotri Judge Aimt