MANBASIYA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioners seem to be aggrieved of the notice issued by the Tehsildar dtd. 16/3/2023. Vide the impugned notice the Tehsildar, the respondent No.4 has asked the petitioner to remove the illegal construction raised by the petitioners which is said to have been encroached upon by the petitioners.

(2.) The said notice refers to an order passed by this court in WPC No.5090 of 2021. The challenge to the notice by the petitioners is two folds, firstly, the proceeding is not one which has been initiated under Sec. 248 of the Chhattisgarh Land Revenue Code. Secondly, the notice refers to an order of the writ court whereas the writ court has not made any such direction for the removal of the house of the petitioners from the site. That, the petitioners were not a party to the proceeding before the writ court.

(3.) Be that as it may, it would be relevant at this juncture to take note of the observations of this court. While deciding WPC No.5090 of 2021, this court in paragraphs 2 and 3 has held as under: -2. Learned counsel for the petitioner submits that as a result of the illegal encroachment the pathway which is an access to the property of the petitioner had got blocked. Further counsel for the petitioner submits that he has already approached the Authorities and local administration for removal of the encroachment and there are orders passed by the District Administration for the removal of the encroachment which till date has not been acted upon. 3. Given the said submissions by the counsel for the petitioner today, the writ petition at this juncture stands disposed of permitting the petitioner to approach the respondent no.2 to 4 in respect of his grievance and respondent no.2 to 4 are expected to take an appropriate decision so far as the grievance of the petitioner is concerned and also ensure that the orders passed by the respondent no.2 to 4 in respect of the removal of illegal encroachment is kept in mind while redressing the grievance of the petitioner at the earliest.- Pursuant to which the present impugned notice seems to have been issued to the petitioners.