Mayarani Markam vs State Of Chhattisgarh
2023 Latest Caselaw 282 Chatt

                                        1


                                                                          NAFR

               HIGH COURT OF CHHATTISGARH, BILASPUR
                               WPPIL No. 2 of 2023

Mayarani Markam W/o Virendra Markam, Aged About 45 Years R/o Village
Masturi, Post And Tehsil - Masturi, Distt- Bilaspur (C.G.)

                                                                  ---- Petitioner

                                      Versus

1.    State of Chhattisgarh Through The Collector, Distt- Bilaspur (C.G.)

2.    Tehsildar, Masturi, Distt- Bilaspur (C.G.)

3.    Block Education Officer, Masturi, Distt- Bilaspur (C.G.)

4.    Principal, Government Boys Primary School, Masturi, Distt- Bilaspur
      (C.G.)

5.    Ashish Awasthi, S/o Late Durga Sahay Awasthi, R/o Village Masturi,
      Distt- Bilaspur (C.G.)

                                                               ---- Respondents

(Cause Title taken from Case Information System)

For Petitioner : Mr. Tanuj Patwardhan, Advocate.

 For Respondents No. 1 to 4 :        Mr. H.S.Ahluwalia,      Deputy   Advocate
                                     General
 For Respondent No. 5            :   None

Hon'ble Mr. Arup Kumar Goswami, Chief Justice

Hon'ble Mr. Arvind Singh Chandel, Judge

Judgment on Board Per Arup Kumar Goswami, Chief Justice

13/01/2023

Heard Mr. Tanuj Patwardhan, learned counsel, appearing for the

petitioner. Also heard Mr. H.S.Ahluwalia, learned Deputy Advocate

General, appearing for the respondents No. 1 to 4.

2. The petitioner is the Sarpanch of Gram Panchayat, Masturi.

3. An application filed by respondent No. 5 before the respondent No.

2 contending that 1.5 acres of land in Khasra No. 66/14 had been

encroached by the Government Boys Primary School, Masturi, was

allowed by order dated 29.12.2022 directing that the possession be given

back to the respondent No. 5. The Principal of the said school was a party

to the said proceedings under Section 250 of the Chhattisgarh Land

Revenue Code, 1959.

4. The order dated 29.12.2022 passed by the Tahsildar, Masturi, is not

under challenge in this writ petition.

5. Mr. H.S.Ahluwalia, learned Deputy Advocate General, appearing for

the respondents No. 1 to 4 submits that it is an admitted position that there

was an encroachment of the property of the respondent No. 5.

6. In that view of the matter, we are not inclined to entertain this public

interest litigation petition and accordingly, the same is dismissed.

                         Sd/-                                        Sd/-
                 (Arup Kumar Goswami)                      (Arvind Singh Chandel)
                     CHIEF JUSTICE                                JUDGE



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