Rajendra Rai v. District Magistrate Office Of Collectorate, Raigarh

: Mr.Prabhat Kumar Saxena, Advocate For Respondents : Mr.Shashank Thakur, Deputy Advocate No.1 to 5/State General Hon'ble Shri Hon'ble Shri Arvind Kumar Verma, Ramesh Sinha , Chief Justice Judge Order On Board Per Ramesh Sinha, C.J.

7.4.2025

#1. Proceedings of this matter have been taken through video conferencing.

#2. Heard Mr.Prabhat Kumar Saxena, learned counsel for the petitioners as well as Mr.Shashank Thakur, learned Deputy Advocate General appearing for respondents No.1 to 5/State.

#3. By way of this petition, the petitioners have prayed for following relief:- It is therefore prayed, this Hon’ble Court may kindly be allowed this petition and the FIR dated 10/03/2025 on the complaint of complainant in Crime No.96/2025 First Information Report may be set aside/quashed for an offence under section 126(2), 191(2), 351(2) Bharatiya Nagarik Suraksha Sanhita 2023, in the interest of justice.

#4. In compliance of the Court’s order dated 27.03.2025 the District Magistrate Raigarh and Municipal Commissioner, Raigarh have filed their personal affidavits which are reproduced hereinbelow:- “1. That, the petitioner has filed the present petition praying for quashment of the First Information Report 3 dated 10.03.2025 registered vide Crime No. 96/2025, in Police Station Chakardhar Nagar, District- Raigarh (CG). That, the matter was listed before the Hon'ble Court on 27.03.2025 and after taking into account the fact that the condition of the road in Goverdhanpur area, Raigarh is very bad and due to which the local residents are facing number of difficulties and way back on 07.08.2024 appropriate orders have been issued for construction work of road and the amount has also been sanctioned but the work has not been started. The Hon'ble Court was pleased to direct the District Magistrate, Raigarh and the Municipal Commissioner, Raigarh to file their personal affidavits. The present affidavit is filed in compliance of the said order.

#2. That the deponent most respectfully submits that the area adjoining Goverdhanpur bridge in Raigarh city was a rural area and was not included in the territorial limits of Municipal Corporation, Raigarh and at that time some apartments and colonies were developed. It is submitted that earlier the area came under the jurisdiction of Gram Panchayat Vijaypur, however, the said Gram Panchayat was included in the territorial limits of Nagar Nigam, Raigarh in the year 2015-16.

#3. That the deponent respectfully submits that, it is true that the petitioner and various other residents submitted representation for construction of road from Goverdanpur bridge to Shalini School, Tiraha via Ashwaryam Apartments. It is submitted that taking cognizance of the representations, a request was made to the Director, Directorate of Urban Administration and Development on 03.07.2024 for 4 sanctioning of funds under the infrastructure head for constructions of various roads in the Raigarh city, including the road in the present area (i.e. from Shalini School to Goverdhanpur bride). It is submitted that the Directorate of Urban Administration and Development sanctioned an amount of Rs. 417.47 lacks for the above mentioned roads vide order dated

07.08.2024.

#4. That, it is submitted that after receipt of the financial sanction by the Directorate of Urban Administration and Development, the Municipal Corporation, Raigarh floated notice inviting bids in local newspaper to call application from interested bidders for carrying out the above mentioned works. It is submitted that the total length of the proposed road from Shalini School Tiraha to Goverdhanpur Bride is 1070 Meter long. Out of this, the stretch from goverdhanpur bridge to goverdhanpur main road is 400 meters. There is not government land in the said patch and all the property in the said area is a private property belonging to 11 persons spread over 0.794 hecters.

#5. That, the deponent most respectfully submits that the subject area comes under the territorial limits of Municipal Corporation, Raigarh and the Municipal Corporation Raigarh is taking all necessary measures for construction of road over the government land and the deponent further submits that the District Administration will extend all possible help and cooperation in the same.

#6. That, at the cost of repetition, it is further most respectfully submitted that, the deponent has the 5 hightest regard toward the orders passed by the Hon’ble Court and is duty bound to comply with the same.” “1. That, the petitioner has filed the present petition praying for quashment of the First Information Report dated 10.03.2025 registered vide Crime No. 96/2025, in Police Station Chakardhar Nagar, District- Raigarh (CG). That, the matter was listed before the Hon'ble Court on 27.03.2025 and after taking into account the fact that is very bad and due to which the local residents are facing number of difficulties and way back on 07.08.2024 appropriate orders have been issued for construction work of road and the amount has also been sanctioned but the work has not been started. The Hon'ble Court was pleased to direct the District Magistrate, Raigarh and the Municipal Commissioner, Raigarh to file their personal affidavits. The present affidavit is filed in compliance of the said order.

#2. That the deponent most respectfully submits that the area adjoining Goverdhanpur bridge in Raigarh city was a rural area and was not included in the territorial limits of Municipal Corporation, Raigarh and at that time some apartments and colonies were developed. It is submitted that earlier the area came under the jurisdiction of Gram Panchayat Vijaypur, however, the said Gram Panchayat was included in the territorial limits of Nagar Nigam, Raigarh in the year 2015-16.

#3. That the deponent respectfully submits that, it is true that the petitioner and various other residents submitted representation for construction of road from 6 Goverdanpur bridge to Shalini School, Tiraha via Ashwaryam Apartments. It is submitted that taking cognizance of the representations, a request was made to the Director, Directorate of Urban Administration and Development on 03.07.2024 for sanctioning of funds under the infrastructure head for constructions of various roads in e. from Shalini School to Goverdanpur bridge). A copy the request letter dated 03.07.2024 is annexed herewith as ANNEXURE A-1. It is submitted that the Directorate of Urban Administration and Development sanctioned an amount of Rs. 417.47 lacks for the above mentioned roads vide order dated 07.08.2024. A copy of the order dated 07.08.2024. is annexed herewith as ANNEXURE A-2.

#4. That, it is submitted that after receipt of the financial sanction by the Directorate of Urban Administration and Development, tenders were floated in the local newspaper calling application from the interested contractors for construction of the above mentioned roads.

#5. That, the deponent most respectfully submitted that on 14.08.2024 a request was made to the Revenue officials, requesting them to provide the map and land records of the area starting from Shalini School to Goverdhanpur pull, which fell in the area proposed for construction of road. A copy of the letter request dated 14.08.2024 is annexed herewith as ANNEXURE A-3.

#6. That, it is most respectfully submitted that pursuant to the letter dated 14.08.2024 the Revenue officials provided the details of the map and the revenue 7 records with respect to the subject area and as per the records total land of the patch from Shalini School Tiraha to Goverdhanpur bridge is 1070 meter and distance between Goverdhanpur bridge Goverdhanpur main road is 400 meter in which the private property of total 11 persons is situated which is spread over 0.794 hecters.

#7. It is most respectfully submitted that looking to the fact that private land of total 11 persons is spread over 14 khasra no. is coming in the way of the proposed road and a huge amount will be required for payment of compensation to the private land owners, it will be difficult to complete the project hence, a request has been made to the consultant agency to submit a revised estimate for construction of road only over the government land. A copy of the request letter to the consultant dated 28.03.2025 is annexed as ANNEXURE A-4.

#8. That, the deponent most respectfully submits that immediately after the receipt of the revised estimate, necessary action would be taken for construction of the road on the government land.

#9. That, at the cost of repetition, it is further most respectfully submitted that, the deponent has the highest regard toward the orders passed by the Hon'ble Court and is duty bound to comply with the same.”

#5. Learned Deputy Advocate General appearing for respondents No.1 to 5/State submits that so far as the status of the present case is concerned, the investigation is still under way. 8

#6. Considering the facts and circumstances of the case and the submissions advanced by State Counsel, we direct the Investigating Officer-respondent No.5 of the present case to conclude the investigation of the present case and submit a police report under Section 173(2) of the CrPC (Now Section 193(3) of the BNSS) before the Magistrate concerned expeditiously, in accordance with law, if already not concluded, preferably within a period of eight weeks from today.

#7. The petitioners are directed to produce a copy this order to the investigating officer within a period of one week from today.

#8. With the aforesaid direction, the present petition stands disposed off. Sd/- Sd/- (Arvind Kumar Verma) (Ramesh Sinha) Judge Chief Justice Bablu