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2022 Supreme(Chh) 262

ARUP KUMAR GOSWAMI, PARTH PRATEEM SAHU
Hemraj Chandrakar S/o. Shri Bhukhan Lal Chandrakar – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates Appeared:
For the Appellant :Mr. Varun Sharma and Mr. Krishna Tandon, Advocates
For the Respondents:Mr. Vikram Sharma, Deputy Government Advocate, Mr. Sumesh Bajaj, Advocate.

JUDGMENT :

Arup Kumar Goswami, J.

1. Heard Mr. Varun Sharma and Mr. Krishna Tandon, learned counsel, appearing for the appellants. Also heard Mr. Vikram Sharma, learned Deputy Government Advocate, appearing for the respondents No. 1, 2, 3, 5 and 6 as well as Mr. Sumesh Bajaj, learned counsel for the respondent No. 4.

2. This writ appeal is presented by the writ petitioners against an order dated 08.04.2016 passed by the learned Single Judge in WPC No. 696/2016 whereby the writ petition was dismissed on the ground of delay and laches.

3. This writ appeal was earlier dismissed by a judgment dated 28.09.2016. This Court, while dismissing the appeal, at paragraph 4 of the judgment, had observed as follows:

    “4. We have perused the record of the writ petition and in the writ petition there is not a single averment that the possession of the land has not been taken. In the writ petition, there is no averment much less any proof of the fact that this land has been taken over. Therefore, we have no reason to discard clear cut finding given by the Learned Single Judge that the land has been used for development of Naya Raipur. Therefore, we find no merit in the appeal, which is accordingly d

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