Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:13902
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1466 of 2022 1 - Ratiram Dewangan S/o Shri Jodhan Dewangan Aged About 62 Years R/o Village Pakriya Tahsil Pamgarh, District Janjgir Champa, Chhattisgarh, District : Janjgir-Champa, Chhattisgarh
... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary Revenue Department, Mahanadi Bhawan, Atal Nagar, New Raipur, Chhattisgarh, District : Raipur,
Chhattisgarh 2 - The Collector, District Janjgir Champa, Chhattisgarh, District : Janjgir-Champa,
Chhattisgarh 3 - The Sub Divisional Officer (R) Pamgarh, District Janjgir Champa, Chhattisgarh,
District
:
Janjgir-Champa,
Chhattisgarh 4 - The Tahsildar Tahsil Pamgarh, District Janjgir Champa, Chhattisgarh,
District
:
Janjgir-Champa,
Chhattisgarh 5 - Ramsai Sahu S/o Shri Lukau Sahu R/o Village Pakriya Tahsil Pamgarh, District Janjgir Champa, Chhattisgarh, District : Janjgir- Champa,
Chhattisgarh 6 - Bedram Sahu S/o Shri Lukau Sahu R/o Village Pakriya Tahsil VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR
2 Pamgarh, District Janjgir Champa, Chhattisgarh, District : Janjgir- Champa, Chhattisgarh
... Respondents (Cause-title taken from the Case Information System) ----------------------------------------------------------------------------------------------- For Petitioner :- Mr. Ashwani Shukla, Advocate For State :- Mr. Anmol Sharma, P.L. For Respondents No.5 & 6 :- Mr. Ritesh Verma, Advocate ----------------------------------------------------------------------------------------------- SB- Hon'ble Shri Justice Amitendra Kishore Prasad
Order On Board 22.03.2025
1. The petitioner has filed the petition seeking following reliefs:-
“10.1 That this Hon'ble Court pleased to issue a writ of mandamus direct to the respondent authorities i.e. 2 to 4 to take necessary action against encroachers i.e. respondent no 5 & 6, in the interest of justice. 10.2 That this Hon'ble Court may kindly be pleased to issue direction to the respondent no. 02 to 04 to comply order passed in the Revenue Case No. 251/ B-121/2011-12 order dated 07.01.2016 passed by Tahsildar Pamgarh and Revenue Appeal Case No. 13/B-121/2015-16
order dated 26.02.2016 passed by Sub Divisional Officer (Revenue) Pamgarh District Janjgir-Champa (C.G.) as well as order passed by Additional Collector District Janjgir-Champa on 14.12.2017 in revenue revision case No. 99/B-121/2015-16 and order passed by Tahsildar Pamgarh on 04.12.2019 in revenue case no.08/B121/2019-20, within one month.
3 10.3 That the Hon'ble Court may kindly be pleased to grant any other relief as it may deems fit and appropriate.”
2. Learned counsel for the petitioner submits that this petition has been filed for necessary direction to the respondent authorities to comply with order passed in the Revenue Case No. 251/ B- 121/2011-12 order dated 07.01.2016 passed by Tahsildar Pamgarh and Revenue Appeal Case No. 13/B-121/2015-16 order dated 26.02.2016 passed by Sub Divisional Officer (Revenue) Pamgarh District Janjgir-Champa (C.G.) as well as order passed by Additional Collector District Janjgir-Champa on 14.12.2017 in revenue revision case No. 99/B-121/2015-16 and order passed by Tahsildar Pamgarh on 04.12.2019 in revenue case no.08/B- 121/2019-20. It is stated that the respondents No. 5 & 6 have encroached the government land and constructed the house and due to this encroachment the petitioner's door and window become closed. The petitioner has filed application before tahsildar with this regard and the Tahsildar has passed order and
directed to removed encroachment immediately with 1000/- fine, thereafter respondent no. 5 & 6 has filed appeal before respondent no.3 which was also dismissed and conformed order passed by Tahsildar. Thereafter the respondent No.5 & 6 has filed revision before Collector District Janjgir-Champa, challenging the
order passed by Tahsildar Pamgarh alongwith Sub Division Officer (R) Pamgarh which has been also dismissed and conformed order
4 passed by court below. The respondents No. 2 & 4 have passed final order in respect of removing the encroachment and are not taking action against respondents no.5 & 6, therefore, the petitioner and his family members have been facing serious problem. Hence, necessary direction be issued to the respondent authorities and the present petition be allowed.
3. Learned counsel for the respondents submit that the petitioner may avail the remedy available to him under the law and the present petition may be disposed off.
4. Looking to the aforesaid submissions, the petitioner is directed to pursue his remedy before the concerned Revenue Court, in accordance with law.
5. With this observation/direction, the writ petition stands disposed off. sd/- (Amitendra Kishore Prasad) Judge Vishakha