WPC/2324/2015 of Ram Lal Vs State Of Chhattisgarh on 23 December 2015

1. State Of Chhattisgarh Through Secretary, Revenue Department,Mahanadi Bhawan, Naya Mantralaya, New Raipur Chhattisgarh Mahanadi Bhawan, Naya Mantralaya, New Raipur Chhattisgarh

2. Executive Magistrate Cum Additional Tehsildar, Barpali, District KorbaChhattisgarh Chhattisgarh

3. Principal, Government Higher Secondary School, Saragbundiya, BlockKartala, Tahsil Kartala, District Korba Chhattisgarh Kartala, Tahsil Kartala, District Korba Chhattisgarh

---- Respondent

For Petitioner : Shri Sanjay Patel, Advocate.For Respondent/State : Shri Shashank Thakur, Govt. Advocate.

Hon'ble Shri Justice Prashant Kumar Mishra 23/12/2015

Order On Board

1. Learned counsel for the petitioner would submit that the petitioner is theowner and in possession of the land bearing Khasra No.424/2, area 0.18acre situated at village Sarangbundiya, Tehsil Kartala, District Korba,which is adjoining to the boundary wall of the Government HigherSecondary School, Sarangbundiya. When the petitioner started raisingconstruction over his land, the Principal of the School made a complaintowner and in possession of the land bearing Khasra No.424/2, area 0.18acre situated at village Sarangbundiya, Tehsil Kartala, District Korba,which is adjoining to the boundary wall of the Government HigherSecondary School, Sarangbundiya. When the petitioner started raisingconstruction over his land, the Principal of the School made a complaint before the Executive Magistrate cum Tehsildar, Barpali, District Korbaon which the Tehsildar has passed an order on 19.8.2015 stayingconstruction raised by the petitioner. Demarcation of the area wascarried out wherein the subject land was found to be belonging to thepetitioner, however, despite the said demarcation, Tehsilar is not takingup the issue for vacating the stay or for taking any final decision in thematter.

2. Learned State Counsel would submit that the petitioner should havepreferred an appeal before the SDO(Revenue) against the order dated19.8.2015, however, if the Court directs, Tehsildar shall decide thepending issue at the earliest.preferred an appeal before the SDO(Revenue) against the order dated19.8.2015, however, if the Court directs, Tehsildar shall decide thepending issue at the earliest.

3. Considering the entire fact situation of the case, the writ petition isdisposed of with a direction to the Executive Magistrate/Tehsildar,Barpali, District Korba to decide the pending dispute originated fromthe application moved by the Principal of the School at the earliest,preferably within a period of 1 month from the date of production ofcertified copy of this order.disposed of with a direction to the Executive Magistrate/Tehsildar,Barpali, District Korba to decide the pending dispute originated fromthe application moved by the Principal of the School at the earliest,preferably within a period of 1 month from the date of production ofcertified copy of this order.

Sd/-

Judge

(Prashant Kumar Mishra)

Barve