Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 10763 (CHH)

SHARAD SHARMA v. STATE OF CHHATTISGARH

WPC/1144/2025 · 2025-02-28

Shri Bibhu Datta Guru

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:10028 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1144 of 2025 1 Sharad Sharma S/o Shivnarayan Sharma Aged About 40 Years R/o Civil Lines, Khairagarh, Tehsil Khairagarh, District- Rajnandgaon, C.G. ... Petitioner(s) versus 1 State Of Chhattisgarh Through The Department Of Revenue And Disaster Management, Mahanadi Bhawan, Atal Nagar, District- Raipur, C.G. 2 Collector Khairagarh Chhuikhadan Gandai, District- Khairagarh Chhuikhandan Gandai, C.G. 3 Sub Divisional Officer (Revenue) Khairagarh, District - Khairagarh Chhuikhadan Gandai, C.G. 4 Tehsildar Khairagarh, District- Khairagarh Chhuikhadan Gandai, C.G. ... Respondent(s) For Petitioner(s) : Shri Shobhit Koshta, Advocate For Respondent(s)/ State : Shri Anmol Sharma, P.L. Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 28/02/2025 JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.02.28 17:26:31 +0530 2 Heard. 1. By the present writ petition, the petitioner, who is resident of ward 3, Civil Lines, Khairagarh is seeking a direction towards the respondent particularly SDO (Revenue) to execute the order of eviction passed by the Tahsildar dated 25.10.2021 under Section 248 of the C.G. Land Revenue Code. 2. Learned counsel for the petitioner submits that the order of eviction has been passed by the Tahsildar on 25.10.2021, however, inspite of repeated requests made by the petitioner the respondent authorities are not taking any steps to execute the order passed under Section 248 of the C.G. Land Revenue Code for eviction of the persons who have encroached over the government land. He further submits that three orders in three different Revenue Proceedings has been passed by Tahsildar for removal of encroachment under Section 248 of the C.G. Land Revenue Code, however, till date no steps have been taken for removal of such encroachment. He further refers to the representation submitted by the petitioner on 21.12.2022, on which the SDO has directed the Tahsildar to execute the order dated 25.10.2021, but till date the encroachment over the government land has not been removed. 3. Learned State counsel submits that perusal of order dated 02.01.2023 shows that SDO has already taken cognizance of representation filed by the petitioner and has directed the Tahsildar to take necessary action but if still necessary steps have not been taken, the SDO will take necessary steps within 45 days for removal of encroachment in accordance with law. 4. I have heard learned counsel for the parties and perused the order of eviction order dated 25.10.2025 and order dated 02.01.2023 passed by the SDO (Revenue). 5. Perusal of the documents annexed shows that SDO (Revenue) has already 3 taken cognizance on the representation filed by the petitioner and directed the Tashildar for removal of encroachment by executing the order dated 25.10.2021. Hence, considering the same, the SDO (Revenue) Khairagarh is directed to take necessary steps for removal of encroachment over the government land in accordance with law by providing opportunity of hearing to the persons who have encroached upon the government land within a period of 45 days from the date of receipt of a copy of this order. 6. With the aforesaid observation, the petition stands disposed off. 7. The petitioner is at liberty to apprise the SDO about the order of this Court. Sd/- (Bibhu Datta Guru) JUDGE Jyoti