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2025:CGHC:10217
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1152 of 2025 1 - Tarachand Sahu S/o Sitaram Sahu Aged About 54 Years R/o Village Jamgaon, Tahsil And District Raigarh (C.G.)
... Petitioner versus 1 - State Of Chhattisgarh Through Secretary Revenue Department, Mantralaya Mahanadi Bhawan, Naya Raipur, District Raipur (C.G.) 2 – Collector, Raigarh, District Raigarh (C.G.) 3 - Land Acquisition Officer/Sub Divisional Officer (Revenue) Raigarh District Raigarh (C.G.) 4 – Tahsildar, Tahsil Raigarh, District Raigarh (C.G.) 5 - Sarpanch Of Gram Panchayat Jamgaon Tahsil And District Raigarh (C.G.) 6 - Station House Officer Through Police Station Chakradharnagar, District Raigarh Chhattisgarh ... Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. Chandrasen Chouhan, Advocate For Respondents/State : Ms. Upasana Mehta, Dy. Govt. Advocate
2 / 3 (HON’BLE SHRI JUSTICE BIBHU DATTA GURU)
Order on Board 03/03/2025
1. By the present writ petition, the petitioner is seeking a direction towards the respondent authorities for payment of compensation amounting to Rs.15,00,000/- as damage occurred towards the property which was demolished by the respondent authorities pursuance to an order dated 03/06/2024 passed by the Naib Tahsildar under Section 248(2) of the Chhattisgarh Land Revenue Code, 1959 (for short, “the Code, 1959”) in Revenue Proceeding No.20240404340001/ A-68/2023-2024. The said proceeding has been initiated by the Naib Tahsildar as the petitioner was having illegal possession over the government land bearing Khasra No.586/2 and 586/3.
2.
Learned counsel appearing for the petitioner submits that the petitioner has already challenged the order dated 03/06/2024 passed by the Naib Tahsildar before the appellate authority/ SDO (Revenue), Raigarh, however the petitioner is seeking compensation as the property in question has been illegally demolished by the respondents authorities.
3.
Learned counsel appearing for the respondents/State submits that the property in question has been demolished pursuance to the
order passed by the Naib Tahsildar in a proceeding drawn under Section 248(2) of the Code, 1959 and pursuance to the eviction notice dated 11/10/2024 (Annexure P/4) issued by the Naib Tahsildar, the proceeding has been drawn by the authorities in
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4. I have heard learned counsel for the parties and perused the documents as well as the eviction notice dated 11/10/2024 (Annexure P/4).
5. From perusal of the said eviction notice, it appears that the eviction proceeding has been drawn pursuance to an order dated 03/06/2024 passed by the Naib Tahsildar in a revenue proceeding and there is no illegality in the said proceeding.
6. Looking to the submission made by learned counsel for the petitioner that the order dated 03/06/2024 is under challenge in a proceeding under the Code, 1959 which is pending before the SDO (Revenue), Raigarh, at this stage, I am not inclined to interfere with the claim of the petitioner.
7. Accordingly, the present writ petition deserves to be and is hereby dismissed.
Sd/- (BIBHU DATTA GURU)
JUDGE $. Bhilwar