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2025:CGHC:7203
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1189 of 2022 1 - Evan Singh Jangde S/o Shri Karnayeng Singh Jangde, Aged About 27 Years R/o Dauna, Post Anda, Tahsil Pathariya District Mungeli Chhattisgarh.
... Petitioner(s) versus 1 - The State Of Chhattisgarh Through The Secretary, Department Of Revenue, New Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur,
District
Raipur
Chhattisgarh. 2
- Collector,
District
Mungeli
Chhattisgarh. 3 - Superintendent of Police, District Mungeli Chhattisgarh. 4 - Sub Divisional Office (Rev.), Sub Division Pathariya, Pathariya , District
Mungeli
Chhattisgarh. 5 - Tahsildar, Tahsil Pathariya, District Mungeli Chhattisgarh. 6 - District Education Officer, District Mungeli Chhattisgarh. 7 - Rohit Tandon (Sarpanch, Gram Panchayart Dauna) S/o Shri Kapur Tandon, Aged About 35 Years R/o Village Dauna, Village Panchayhat Dauna, Tahsil Pathariya District Mungeli Chhattisgarh. AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.02.12 17:18:16 +0530
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...Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. A.N. Bhakta, Advocate with Mr. Vivek Bhakta, Advocate. For Respondent/State : Mr. Mayur Khandelwal, Panel Lawyer. Hon’ble Shri Justice Bibhu Datta Guru
Order on Board 10/02/2025
1. By the present writ petition, the petitioner is seeking a direction towards the respondents to take appropriate steps against the respondent No.7 who have encroached over the land in dispute i.e. Khasra Nos.698/1 and 698/4 situated at Gram Panchayat Dauna, Tahsil-Pathariya, District-Mungeli, C.G.
2.
Learned counsel for the petitioner would submit that the petitioner along with other villagers have lodged a complaint before the District Magistrate alleging that the respondent No.7 has encroached upon the land situated near the Government School which is on government land, however, no steps have been taken by the District Magistrate to enquire about the complaint/representation submitted by the petitioner till date.
3.
Learned counsel for the respondent/State on instruction, would submit that the Patwari of village Dauna has submitted a enquiry report before the Tahsildar, Pathariya and observing that there is no encroachment by the respondent No.7 and panchnama was prepared, however, the petitioner herein refused to endorse the same.
4. I have heard learned counsel for both the parties and perused the
3 / 3 pleadings.
5. Looking to the submission made by the respondent/State that the spot inspection and demarcation has been made by the Patwari and a Panchnama has been forwarded to the Tahsildar observing that there is no encroachment, however, the petitioner refused to put his signature in the said Panchnama, hence, it is directed that the petitioner may approach the Tahsildar, Pathariya for a further demarcation of the land in question and in case, the petitioner approach the Tahsildar, Pathariya, then in presence of the petitioner and respondent No.7, spot inspection be made on the land in question and if it is found that any encroachment has been made over the said land, then, necessary steps be taken by the revenue authorities/respondents for removal of the said encroachment in accordance with law. Demarcation of the land in question be made within a period of fifty days from the date when the petitioner will approach the Tahsildar.
6. With the aforesaid observation and direction, this writ petition is
disposed of. SD/- (Bibhu Datta Guru)
Judge Amardeep