GOVINDA BURMAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present petition has been preferred as 'Public Interest Litigation' by the petitioner with the following prayers :-

(2.) Heard Shri Ashish Surana, learned counsel for the petitioner, Shri Vikram Sharma, learned Deputy Government Advocate for respondent Nos.1, 2 &

(3.) /State and Shri H.B. Agrawal, Senior Advocate for the 4th respondent/Municipal Corporation. 3. When the matter came-up for consideration before this Court on the last occasion, it was brought to the notice of this Court that the challenge raised by the petitioner as to the encroachment of Government Land/Municipal Corporation Land and the unauthorized construction being made by the parties concerned, was not being acted upon by the respondents concerned by taking appropriate steps. Reference was also made to Annexure P/3 judgment dated 02.05.2013, where a specific finding has been rendered as to the outcome of the civil suit culminating in the judgment rendered by this Court in the Second Appeal Nos.10/2009 & 73/2009, which relates to the 'Bus-Stand' and the unauthorized construction being made. Since it was noted that the parties, who have done the alleged encroachment, have not been impleaded in the party array, we observed that it was open for the petitioner to move the authorities concerned by the filing a represention. Time was sought for to get instructions and toady, the learned counsel for the petitioner submits that, insofar as the issue relating to the Bus-Stand is concerned, it has attained finality as discernible from Annexure P/3 judgment, which is a common verdict passed on 02.05.2013 in SA Nos.10/2009 & 73/2009. Specific reference is made to the Paragraph Nos.3 & 33 which are extracted below for convenience of reference :-