1 2025:CGHC:11371 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 213 of 2025 1 - Chinta Gupta W/o Shri Ambelal Aged About 45 Years R/o Village Baijnathpur Tah. Bhatganw District - Surajpur (C.G.) 2 - Rajeev Gupta S/o Shri Ambelal Aged About 32 Years R/o Village Baijnathpur Tah. Bhatganw District - Surajpur (C.G.) 3 - Rajesh Gupta S/o Shri Ambelal Aged About 30 Years R/o Village Baijnathpur Tah. Bhatganw District - Surajpur (C.G.) Applicant(s) versus 1 - State Of Chhattisgarh Through Secretary Panchayat And Rural Development Department Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. 2 - Collector Surajpur, District : Surajpur, Chhattisgarh 3 - Superintendent Of Police Surajpur, District : Surajpur, Chhattisgarh 4 - Chief Executive Officer Janapad Panchayat Bhatgawn, District Surajpur, Chhattisgarh. 5 - Sub Divisional Officer (Revenue) Bhaiyathan, District Surajpur, Chhattisgarh. 6 - Tahsildar Tahsil Bhatgawn, District Surajpur, Chhattisgarh. 7 - Officer In Charge P.S. Bhatgawn, District Surajpur, Chhattisgarh. 8 - Phulmet D/o Late Shri Ramesar Aged About 65 Years R/o Village Baijnathpur Tah. And P.S. Bhatganw District - Surajpur (C.G.) RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.03.10 10:43:53 +0530 2 9 - Sunil Kumar Devangan S/o Shri Vindheswar Prasad Aged About 34 Years R/o Village Baijnathpur Tah. And P.S. Bhatganw District - Surajpur (C.G.) Respondent(s) (Cause title has been taken from CIS) For Petitioner(s) : Mr. Abhinav Dubey,Advocate For Respondent(s) : Ms. Upasna Mehta, Dy. GA (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 07/03/2025 1. Learned counsel for the applicants (respondent nos. 8 to 10 in WPC No. 6423/2024) would submit that non-applicant No. 8 & 9 herein (petitioners in the WPC No. 6423/2024) have refused to accept the advance copy of the MCC. 2. Learned counsel would further submits that the applicants herein, has preferred this MCC with a prayer to modify the order dated 02/01/2025 passed by this Court in WPC No. 6423/2024, as the applicants herein were not noticed/ served nor they were represented by the Counsel in the said writ petition. He would next submit that though by the order of the Sub Divisional Officer dated 07/06/2024, removal of encroachment has been ordered under Section 248 (2) (Ka) of the Chhattisgarh Land Revenue Code, 19591, the said order has not been challenged by the applicants herein before any of the Higher Forum. However, subsequently, the writ petition was disposed of with a direction to the Collector and SDO to comply with the order dated 07/06/2024 passed by the SDO within a period of 30 days. 1 CGLRC 3 3. Learned counsel for the applicants also submits that some breathing time of 20 days may be granted to the present applicants to approach before the Higher Forum to question the order of SDO dated 07/06/2024 passed in Revenue Case No. 202401260400040/B-121/2023-24 and till that period, the order directing to comply with the order of SDO dated 07/06/2024 may be extended for a period of 50 days. 4. I have heard counsel for the parties and perused the order dated 02/01/2025 passed in WPC No. 6423/2024, whereby a direction to comply the order of SDO dated 07/06/2024 within 30 days has been passed. 5. On perusal of the order dated 02/01/2025, it is manifest that the said order has been passed in absence of the applicants (respondent No. 8 to 10 in WPC No. 6423/2024). 6. On a pointed query put before the counsel for the applicants as to whether the order of the SDO was challenged before any higher forum, he failed to answer the query, however, he submits that some breathing time may be given, so that, the order of SDO dated 07/06/2024 will be challenged in higher forum. 7. Considering the above fact as the applicants herein (respondents No. 8 to 10 in WPC No. 6423/2024) were not served with notice, the order dated 02/01/2025 is modified to the extent that the earlier direction to the Collector as well as SDO to comply with order dated 07/06/2024 within 4 a period of 30 days is modifed and the direction to comply the said order is extended for further 20 days from the date of this order. In the meantime, the applicants wish to challenge the order of SDO dated 07/06/2024, they may challenge the same before the appropriate forum. 8. With the aforesaid modification in order dated 02/01/2025, the MCC is disposed of. Sd/- (BIBHU DATTA GURU) JUDGE Rahul