Smt. Shehnaz Sheikh vs State Of Chhattisgarh
2022 Latest Caselaw 4394 Chatt

                    HIGH COURT OF CHHATTISGARH, BILASPUR

                                     Order Sheet

                               WPC No. 2847 of 2022

    2. Smt. Shehnaz Sheikh W/o Syed Fariyad Ali Rizvi Aged About 45 Years R/o
       Qr. No. Hig-08 Nehru Nagar Korba, Tahsil-Korba, Police Station Kotwali
       Korba, District : Korba, Chhattisgarh

    3. Syed Fariyad Ali Rizvi S/o Late Shri Mashru Hussain Aged About 59 Years
       R/o Qr No. Hig-08 Nehru Nagar Korba Tahsil-Korba, Police Station Kotwali,
       Korba, District : Korba, Chhattisgarh

                                                                    ---- Petitioner

                                        Versus

   1. State Of Chhattisgarh Through The Secretary, Department Of Revenue,
      Mahanadi Bhavan, Mantralaya, New Raipur, District : Raipur, Chhattisgarh

   2. The Collector Korba Korba, District : Korba, Chhattisgarh

   3. The Tahsildar (R) Korba Korba, District : Korba, Chhattisgarh

   4. The Commissioner - Municipal Corporation Korba Korba, District : Korba,
      Chhattisgarh

                                                                  ---- Respondent

11/07/2022 Mr. Aashutosh Shukla, Advocate for the petitioners.

Mr. Aditya Tiwari, Panel Lawyer for the State/Respondents No. 1 to 3

Mr. H.B. Agrawal, Sr. Advocate with Mr. Amit Tirkey, Advocate for the Respondent No.4

Let reply be filed within a period of 4 weeks and the matter be listed for hearing thereafter.

Let reply be filed on I.A. No.2 which is an application for grant of interim relief.

Counsel for the petitioners submits that the respondent No.4 have entered upon the private property of the petitioners for the purpose of construction of Drain Nala and for the construction of the Drain Nala, the respondent No.4 has neither acquired the property nor have paid any compensation to the petitioners.

The counsel for the petitioners submits that the title of the petitioners stands established firstly by their registered sale-deed that they have in their possession, in addition the petitioners also have a judgment and decree from the competent Civil Court in Civil Suit No.1- A/2012 decided by the 1st Civil Judge Class-1, Korba on 30.03.2015.

Given the facts and circumstances of the case, prima-facie a strong case for grant of interim relief, so far as the construction of the Drain Nala in the property of the petitioners is concerned is made out. Accordingly, the respondent No.4 is restrained from carrying out any construction activities on khasra No. 230/1A measuring 0.56 acre and khasra No. 230/1B measuring 0.57 acres at Patwari Halka No. 16, Rani Mandal, Korba till further orders of this Court.

It is made clear that the Corporation would be at liberty to carry out the construction so far as the other areas beyond the plot belonging to the petitioners is concerned.

Let this matter be listed for consideration on I.A. No.2 immediately after the reply of the respondents is received.

Sd/-

(P. Sam Koshy) JUDGE Ved