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Judgment
P. R. Ramachandra Menon, CJ
The Petitioner has filed this writ petition, styled as a Public Interest Litigation, with the following prayers:
10.1 That, Hon'ble Court may kindly be pleased to issue notices to the respondents, returnable within early date of hearing.
10.2 That, the Hon'ble Court may kindly be pleased to set aside/quash the order dated 05.07.2019 and 23.07.2019 passed by the Respondents No. 4 &
3.
10.3 That, the Hon'ble Court may kindly be pleased to issue a writ in the nature of mandamus directing the Respondent No. 1, 2 & 3 to take proper
steps against the Respondent No. 6 for evicting her from the land bearing Khasra No. 626/1 situated at village Jhalap, P.S. Patewa, District
Mahasamund (C.G.) and furthe be pleased to direct the revenue authorities to re-record the land as an ""Abadi"" land reserved for Dharamshala
(House of Pilgrims).
10.4 That, the Hon'ble Court may kindly be pleased to issue any other relief(s)/order(s)/direction(s) in favour of petitioner, which deemed fit and
proper in the facts & circumstances of the case, in the interest of justice.
10.5 Cost of the petition.
Heard Shri V.K. Pandey, the learned counsel for the Petitioners and Shri V.R. Tiwari, the learned Additional Advocate General for the State.
It is the case of the Petitioners that the 6 th Respondent has encroached into the Government land, effecting some constructions of his own. This
was brought to the notice of the authorities by filing various representations, which however, is still to be acted upon and hence the grievance.
It is revealed from the pleadings and proceedings, that based on the complaint preferred before the departmental authorities, an enquiry was
conducted and an order was passed by the 3 rd Respondent i.e. Sub Divisional Officer (Revenue) as borne by Annexure P/3, which virtually stands in
favour of the 6 th Respondent. If the Petitioners are aggrieved in any manner, it is for the Petitioners to have it challenged by filing appropriate
proceedings in terms of Section 44 of the Land Revenue Code before the 2 nd Respondent, submits the learned Additional Advocate General.
In the above circumstance, the Petitioners are set at liberty to file appropriate proceedings/appeal in terms of the Section 44 of the Land Revenue
Code before the 2nd Respondent and if any such appeal is filed within 'one month' from today, it shall be considered and appropriate orders shall be
passed by 2 nd Respondent in accordance with law, after affording an opportunity of hearing to the Petitioners and the affected/interested parties,
within a further period of three months.
The writ petition stands disposed of. The Petitioners are directed to produce a copy of this judgment alongwith the copy of writ petition before the 2
nd Respondent for further steps.