NANDLAL NAVRANG Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner has filed this writ petition as 'Public Interest Litigation' with following reliefs.

(2.) The submission of the learned counsel for the petitioner is, that this Court has passed an order in WPPIL No. 20/2017 directing the Collector, District Mungeli to remove the illegal and unauthorized occupation over the government land in Mungeli district in accordance with law within an outer limit of eight weeks. He submits that the petitioner has filed the representation before the Collector, Mungeli on 08-12-2017 and thereafter on 04-11-2019 but till date no appropriate action has been taken against Respondent 4 who is in unauthorized occupation of the government land by raising construction on it. The authorities are not complying with the directions issued by this Court in its words and spirit. He further points out that Respondent 4 was an elected member of the Panchayat and on account of his encroachment over the government land, he was disqualified for holding the elected post in the Panchayat. In this regard also, a representation has been filed before the Collector on 14-02-2020, but the authorities are not taking appropriate proceedings in this regard as well. He prays that a direction be issued to the respondent-authorities for taking appropriate actions.

(3.) Per contra, Mr. Vikram Sharma, learned Deputy Government Advocate representing the State submits that the submission made by the learned counsel for the petitioner is not correct. It is pointed out that the petitioner himself has filed the documents showing that appropriate proceeding is pending consideration before the competent authorities on both the grounds raised by the petitioner. He points out that with regard to removal of the encroachment, the Naib Tahsildar, Lormi district Mungeli has issued eviction notice on 12-03-2020 Annexure P-8 and further forwarded the enquiry report to the Collector on 15-05-2020. He submits that the competent authority has already taking into action, but looking to the period from March 2020 till date, Covid19 pandemic, the proceedings could not be concluded. He submits that as per the relief sought by the petitioner in this writ petition, it is apparent that no 'Public Interest' is involved in the writ petition.