1 2025:CGHC:12777 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1446 of 2025 Ramprasad Rahi S/o Shri Kapilram Rahi Aged About 49 Years R/o Village Misda, Tehsil Shivrinarayan, District Janjgir-Champa (C.G) ... Petitioner versus 1 - State of Chhattisgarh Through Secretary Department of Revenue, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, Raipur, District Raipur Chhattisgarh 2 - State of Chhattisgarh Through Secretary Department of Water Resource And Irrigation, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, Raipur, District Raipur Chhattisgarh 3 - Collector Janjgir-Champa, District Janjgir-Champa Chhattisgarh 4 - Executive Engineer Hasdeo Water Management Division Janjgir District Janjgir-Champa Chhattisgarh 5 - Sub Divisional Officer (Irrigation) Janjgir Branch Canal Sub Division No. 3, Birra, District Janjgir-Champa Chhattisgarh 6 - Tehsildar Tehsil Shivrinarayan District Janjgir-Champa Chhattisgarh 7 - Usha Bai Sahu W/o Siyaram Sahu Aged About 52 Years R/o Village Misda, Tehsil Shivrinarayan, District Janjgir-Champa Chhattisgarh 8 - Hemant Kumar Sahu S/o Siyaram Sahu Aged About 26 Years R/o Village Misda, Tehsil Shivrinarayan, District Janjgir-Champa Chhattisgarh ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Ravipal Maheshwari, Advocate For Respondents-State : Ms. Upasana Mehta, Dy. G.A. Hon'ble Shri Amitendra Kishore Prasad, Judge Order on Board 18.03.2025 YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.03.18 13:46:57 +0530 2 1. Heard Mr. Ravipal Maheshwari, learned counsel for the petitioner. Also heard Ms. Upasana Mehata, learned Deputy Govt. Advocate appearing for the State/respondents. 2. The petitioner has filed this writ petition seeking following reliefs:- “(i) That, the Hon'ble Court may kindly be pleased to quash the impugned notices dated 05.03.2025, 03.03.2025 and 20.02.2025 (Annexure P-1), in the interest of justice. (ii) That, this Hon'ble Court may kindly be pleased to direct the respondent authorities not to remove/demolish the constructed house and also not to disturb upon peacefully possession land /house of the petitioner, in the interest of justice. (iii) That, further this Hon'ble Court may kindly be pleased to direct the respondent authorities that before removal of the house of the petitioner an alternate arrangement may be made for the rehabilitation of the petitioner, in the interest of justice. (iv) Any other relief, which the Hon'ble Court may deem fit and proper in the facts and circumstances of the case may also be granted in favour of the petitioner.” 3. The petitioner is challenging the legality, validity and proprietary of the impugned notice dated 05.03.2025 passed by respondent No.5 arising out of order dated 03.03.2025 passed by respondent No.4 as well as order dated 20.02.2025 passed by respondent No.6, whereby a direction was given to the petitioner to remove illegal construction of his house within a period of seven days. 3 4. Brief facts of the case, are that, the petitioner is permanent resident of Village Misda, Tehsil Shivrinarayan, District Janjgir-Champa (C.G). The petitioner did not receive any ancestor land and he has not holding any registered land. The private respondent No.7 and 8 are neighbor of the petitioner and intentionally complained before the authorities alleging that the petitioner is holding possession over the subject Abadi land/house bearing khasra No.64/1/kh area 1.214 hectare, which is situated at village Misda, Tehsil Shivrinarayan, District Janjgir-Champa, in which the petitioner is holding possession about 400 sq.ft. and constructed house for residential purpose. The petitioner and his whole family members are peacefully residing without any complaint since 30- 40 years and all the adjacent land is Government land and holding possession and constructed house by other person, 5. Respondent No.7 filed a writ petition bearing WPC No.3632/2024 seeking to remove from the subject land to the petitioner, in which the petitioner was in a party as respondent No.8, but the Court without issuing any notice, directed the concerned authorities to compliance the notice dated 12.05.2023 within a period of three months vide order dated 06.08.2024, but the respondent authorities have broken some part of the house. Feeling aggrieved with the said order 06.08.2024, a writ appeal bearing WA No.796/2024 has been filed, but the same was withdrawn with liberty to file a review petition vide order dated 28.11.2024. Thereafter, the petitioner filed a review petition bearing REVP No.290/2024 before the Court, which was dismissed vide order dated 06.01.2025 observing that when order passed by Sub-Divisional Officer on merits was already put to challenge before the Commissioner 4 in an appeal filed under Section 44 (2) of Chhattisgarh Land Revenue Code along with an application for stay, it was for the petitioner to pursue appeal as also stay application and no ground for exercising jurisdiction of review was made out. 6. Learned counsel for the petitioner would submit that the notice for removal of encroachment and illegal construction has been directed to be removed vide notice dated 05.03.2025, which has been received by the petitioner on 12.05.2025 at 5.00 PM and this notice has been issued in the teeth of principles of natural justice, as such, the petitioner is praying some breathing time to explain the contents of the notice, otherwise today is the last date when the construction will be removed and the petitioner will have to face the difficulty to live in some other place. 7. On the other hand, learned State counsel would submit that the petitioner has illegally constructed upon the land in question and as such, the notice has been directly issued to him. However, upon query, she fairly submits that perhaps due to some extraneous reasons, the notice could not be served upon the petitioner on earlier occasion despite some long time, the petitioner is approaching this Court for one or the other reason as he is aware that his accommodation will be demolished due to illegal encroachment and construction. 8. I have heard learned counsel for the parties and perused the documents annexed along with writ petition. 9. Considering the facts and circumstance of the case, the concerned Sub-Divisional Officer, Department of Water and Irrigation, Janjgir, 5 District Janjgir-Champa (C.G.) is directed to give some time to the petitioner to explain about his illegal possession and to file appropriate reply to the notice. The petitioner is being given 10 days’ time to explain the contents of the notice along with all relevant documents and in turn, the Sub-Divisional Officer, Janjgir is directed to consider the same in accordance with law and to pass a well reasoned order within a further period of 10 days. 10. However, this Court is not expressing any opinion on the merits of the case, but looking to the facts and circumstances of the case, within a period of 20 days, no coercive steps shall be taken against the petitioner i.e. till the decision of reply of the petitioner. 11. With the aforementioned observation/direction, writ petition stands disposed of. 12. Certified copy today. Sd/- Sd/- (Amitendra Kishore Prasad) Judge Yogesh