TRILOCHAN RATHORE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This writ appeal preferred by the appellants/writ petitioners under Sec. 2(1) of the Chhattisgarh High Court (Appeal to Division Bench) Act, 2006 is directed against the impugned order dtd. 5/1/2022, by which the learned Single Judge has declined to entertain the writ petition challenging the notice dtd. 17/12/2021 issued by the respondent No.03-Municipal Council Kharsia asking the appellants/writ petitioners to evict their unauthorized encroachment over the government land bearing Khasra No.560/1/ka/1 admeasuring 575 sq.mt., finding no merit.

(2.) In this writ appeal, return has been filed by the respondents No.01, 02, 04 and 05 stating that the land in dispute is a government land (abadi land) and Sec. 187(a) as well as Sec. 223 of the Chhattisgarh Municipalities Act, 1961 (for short "the Act of 1961") confers power to the Chief Municipal Officer to protect the land of State Government and to evict the encroachers from the government land. Copy of khasra pansala of Khasra No.560/1/ka/1 has been filed as Annexure-R/1 by the respondents-State alongwith their return, in which the said land has been described as government land. As such, the writ appeal deserves to be dismissed.

(3.) The respondent No.03 has also filed its return to the writ appeal, inter-alia, stating that action has been taken against the appellants in accordance with Sec. 187 read with Sec. 223 of the Act of 1961. As such, the writ appeal deserves to be dismissed by affirming the order dtd. 5/1/2022, passed by the learned Single Judge.