1 / 4 2025:CGHC:9890 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1101 of 2025 1 - Bodhram S/o Adli Aged About 45 Years R/o Village- Kanchanpur, Tahsil- Sakti, District - Sakti (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through - The Secretary, Revenue And Disaster Management Department, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 2 - The Commissioner, Bilaspur Division, District - Bilaspur (C.G.) 3 - The Sub-Divisional Officer (Revenue) Sakti, District - Sakti (C.G.) 4 - The Naib Tahsildar, Sakti, District - Sakti (C.G.) 5 - Guman S/o Santu Sahu Aged About 33 Years R/o Bagbudwa, Tahsil- Sakti, District - Sakti (C.G.) 6 - The Collector Sakti, District- Sakti (C.G.) 7 - Halka Patwari P.H. No.-19, Tahsil- Sakti, District - Sakti (C.G.) 2 / 4 8 - The Revenue Inspector R.I.C. Jajang, Tahsil- Sakti, District - Sakti (C.G.) ... Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. Harishankar Patel, Advocate For Respondents/State : Mr. R. K. Gupta, Additional Advocate General (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 27/02/2025 1. By the present writ petition, the petitioner is seeking a direction towards the respondent authorities to take action against respondent No.5 who has encroached upon the government land bearing Khasra No.384 admeasuring 0.180 Hectare situated at village Bagbudwa, Tahsil & District Sakti. 2. Learned counsel appearing for the petitioner submits that the respondent No.4/ Naib Tahsildar vide order dated 12/12/2024 (Annexure P/1) has directed to remove the encroachment by exercising power under Section 248 of the Chhattisgarh Land Revenue Code, 1959 (for short, “the Code, 1959”), which was affirmed by the order dated 13/03/2023 (Annexure P/2) passed by the SDO (Revenue), Sakti and subsequently by the order dated 26/09/2023 (Annexure P/3) passed by the Commissioner, Bilaspur Division, however, the respondent authorities are not taking any action for removal of encroachment from the government land made by the respondent No.5. He would also submit that the petitioner has already approached before the Additional Tahsildar and District Collector by submitting representations dated 11/06/2024 and 13/06/2024 respectively but no action has been taken till date. 3 / 4 3. Learned counsel appearing for the respondents/State, on instruction, submits that on the representation submitted by the petitioner, the Additional Tahsildar has taken cognizance in the matter and found that the encroachment which has been made by the respondent No.5 has already removed on 10/06/2024 and the Additional Tahsildar has rejected the application vide order 30/08/2024 stating that the order of removal of encroachment has already been executed. 4. During the course of hearing by placing a copy of the order dated 30-8-2024 passed by the Additional Tahsildar, it is stated that albeit some part of the encroachment has been removed, but the entire encroachment has not been removed till date. The said order dated 30-8-2024 is taken on record. 5. I have heard learned counsel for the parties and perused the documents as well as the order dated 30/08/2024 passed by the Additional Tahsildar. 6. From perusal of the order dated 30/08/2024, it appears that the Additional Tahsildar has rejected the application of the petitioner on the ground that some part of the encroachment has been removed and the Additional Tahsildar has observed that the order of removal of encroachment has already been executed. 7. As there is dispute regarding the removal of encroachment pursuance to the order dated 12/12/2022 (Annexure P/1), the respondent No.3/ SDO (Revenue), Sakti is directed to make a spot inspection in presence of the petitioner as well as respondent No.5 to redress the grievance of the petitioner regarding the illegal 4 / 4 encroachment made by the respondent No.5 and if the encroachment has not been removed pursuance to the order dated 12/12/2022 passed by the Naib Tahsildar, necessary steps be taken by the concerned SDO for removal of the said encroachment within a period of 50 days from the date of receipt of a copy of this order. 8. With the aforesaid direction, this writ petition is disposed of. Sd/- (BIBHU DATTA GURU) JUDGE $. Bhilwar