NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

WPC No. 1693 of 2017

•

Anuj Kumar Gupta S/o Late Vijay Kumar Gupta, Aged About 32 Years R/o

Village Bhanora Village Panchayat Bhanora Balrampur P. S. & Tahsil

Balrampur District Balrampur Ramanujganj (Chhattisgarh).

---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Revenue

Mahanadi Bhawan New Raipur District Raipur (Chhattisgarh).

2. The Secretary, Department Of Home Mahanadi Bhawan New Raipur District

Raipur (Chhattisgarh).

3. The Collector, Balrampur, District Balrampur- Ramanujganj, (Chhattisgarh).

4. The Superintendant Of Police, Balrampur District Balrampur Ramanujganj

(Chhattisgarh).

5. The Tahsildar, Balrampur District Balrampur Ramanujganj (Chhattisgarh).

6. The Gram Panchayat Bhanora, Through The Secretary Village Panchayat

Bhanora P. S. & Tahsil Balrampur District Balrampur Ramanujganj

(Chhattisgarh).

---- Respondents

For Petitioner

: Shri A.N. Pandey, Advocate

For State

: Shri Dhiraj Wankhede, Govt. Advocate

Hon'ble Shri Justice Manindra Mohan Shrivastava

Order On Board

23/06/2017

1. Heard.

2. In this petition, the petitioner has prayed for a direction to the respondents-

authorities to allot the land bearing Khasra No. 213, area 0.12 hectare in

village Bhanora under the Rehabilitation Policy for naxal affected person on

the submission that the petitioner's family is affected and his father was

killed in naxalite activities. He further submits that the petitioner's application

has remained pending and no order has been passed and in the meantime,

the Tahsildar proceeded to pass an order under Section 248 of the

Chhattisgarh Land Revenue Code for dispossession.

3. Learned State counsel submits that the petitioner's right to get rehabilitation

and illegal possession as encroacher are two different things. He submits

that the petitioner's application for rehabilitation shall be considered

independently.

4. I find that the petitoner has not challenged the order passed by the Tahsildar

under Section 248 of the Land Revenue Code. The notice issued pursuant

to the order under Section 248 of Land Revenue Code is under

challenge.Against the proceedings under Section 248 of Land Revenue

Code, the petitioner has a remedy to file an appeal. Therefore, no relief can

be granted to the petitioner against eviction under Section 248 of the Land

Revenue Code.

5. Therefore, this petition is dismissed with liberty to the petitioner to file an

appeal against the order under Section 248 of Land Revenue Code.

However, as far as petitioner's claim for rehabilitation under the Scheme

framed for naxal affected persons are concerned, the respondents are

directed to consider petitioner's application in accordance with the Scheme.

The respondent-State authorities shall decide the same within a period of

three months from the date of receipt of a copy of this order.

Sd/-

(Manindra Mohan Shrivastava)

Judge

Kamde