1 2025:CGHC:12771 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1378 of 2025 Rajendra Kumar S/o Shri Motiram Aged About 50 Years R/o Village Silyari Bhatha (Urga) Tahsil Korba Distt.- Korba (C.G.) ... Petitioner versus 1 - State of Chhattisgarh Through its Secretary, Department of Revenue, Mantralaya, Mahanadi Bhawan, Naya Raipur, Post Office And Police Station Nava Raipur, District- Raipur (C.G.) 2 - Collector Korba Office of Collector Korba District- Korba (C.G.) 3 - Executive Engineer Chhattisgarh Housing Board Division Korba (C.G.) 4 - The Sub Divisional Officer (Revenue) Korba District- Korba (C.G.) 5 - The Tahsildar, Office of Tahsildar Tahsil Korba District- Korba (C.G.) ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Ritesh Giri, Advocate For Respondents-State : Mr. Anmol Sharma, P.L. For Respondent No.3 : Mr. Sanjay Patel, Advocate Hon'ble Shri Amitendra Kishore Prasad, Judge Order on Board 18.03.2025 1 Heard Mr. Ritesh Giri, learned counsel for the petitioner. Also heard Mr. Anmol Sharma, learned Panel Lawyer, appearing for the State/respondents No.1, 2, 4 and 5 as well as Mr. Sanjay Patel, learned counsel appearing for respondent No.3. YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.03.18 18:26:54 +0530 2 2 The petitioner has filed this writ petition seeking following reliefs:- “a. This Hon'ble Court be pleased to direct the respondents to remove their possession from petitioner's land bearing Khasra Non 265/9. b. This Hon'ble Court kindly be pleased to direct the respondent Authority to give compensation to the petitioner for his land. c. Any other relief as deemed fit by this Hon'ble Court.” 3 Brief facts of the case, are that on 23.10.2012 by the order of Collector Korba, the Land bearing Khasra No.265/1 Rakba 21.958 Hec. had been allotted to the Chhattisgarh Housing Board Under Atal Vihar Yojana. In the year 2012, the Collector Korba vide order dated 23.10.2012 as per the proposal of Sub-Divisional Officer (Revenue) Korba and Tehsildar Korba, respondent No.3. Executive Engineer, Chhattisgarh Housing Board Project Division Korba, District Korba (Chhattisgarh) has been given Government grass land bearing Khasra No.265/1, area 21.958, situated at Village Urga P.H. No. 16. Tehsil Korba, District Korba for the construction of Residential Colony Vikas Nagar Yojana (Atal Vihar Yojana) and out of 30.00 acre (1308000 sq.ft.), they kept 2% area reserved for disposal as per rules, after fulfilling all the formalities, under Clause 25 of Revenue Book Circular Section-1, and by letter No. F 4-80/Saat-1/2011 dated 23.08.2011 Chhattisgarh Government, Revenue and Disaster Management Department, Ministry Raipur, permission was granted to provide land as per 3 requirement to Chhattisgarh Housing Board Korba at the rate of Rs. 1.00 (Rupees one only) per square foot for implementation of Vikas Nagar Scheme named as Atal Vihar Scheme. 4 Thereafter the Corporation had constructed houses and boundary walls and road on petitioner's land which is adjacent to the land allotted to the respondent corporation, which is illegal and also filed before Tahsildar Korba that the petitioner has encroached their house MIG 101, 102 & 103, which has been rejected with observation that the applicant should go for civil suit by the order dated 24.10.24 and Khasra No.265/9 was registered in the name of the petitioner. The respondent Corporation has illegally occupied the petitioner's Khasra No.265/9 without acquiring it and has constructed a road and drain on it. The petitioner has requested the respondent Corporation to remove the illegal occupation of the land owned and possessed by the petitioner by giving him information verbally and in writing several times, but the respondent Corporation has misused his official position and showing stubbornness, did not remove the illegal occupation from the petitioner's land and neither did they give any compensation to the petitioner. Due to the above act of the Corporation, the petitioner is being deprived of his property rights. It has been alleged that the said land bearing Khasra No.265/9 is recorded in the name of petitioner on revenue records which can be seen in khasra panchahala and also in Farmer Card ( ऋण पुቜኌका). 4 5 On 18.07.2022 demarcation has been done by the order of Tahsildar by which it is clearly seen that the respondent Corporation had constructed boundary wall and CC Road on the land bearing Khasra No.265/9, which belongs to petitioner. The petitioner has submitted his representation before respondent to solve the matter that has been pending before the respondents, but the same has not been considered and decided till date. 6 Learned counsel for the petitioner would submit that the land of the petitioner being acquired by respondent No.3 and they are threatened the petitioner to remove him from his house. He further submits that the petitioner is having only one residential house, in which he is residing with his family members and due to threat given by the Corporation, they are unable to do his routine work. 7 I have heard learned counsel for the parties and perused the documents annexed along with writ petition. 8 Considering the facts and circumstance of the case, particularity the fact that since the case relates to purely of civil nature, I do not find any merit in the petition. However, since the petitioner is required to file an appropriate petition or suit before the concerned Court, the petitioner is at liberty to approach the concerned Civil Court or any other forum for redressal of his grievance within a period of 10 days. 9 In the meanwhile, the respondents are directed not to demolish 5 the super structure raised in the land in question or interfere with the possession of the petitioner till adjudication of the application filed by the petitioner for grant of interim relief before the competent Court. 10 With the aforementioned observation/direction, writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Yogesh