1 2025:CGHC:14477 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1589 of 2025 1 - Laxman Sahu S/o Mithai Ram Aged About 60 Years Resident Of Village Kapadah, Tahsil Pandariya, District Kabirdham (Chhattisgarh) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- The Secretary, Department Of Revenue, Mahanadi Bhawan, Atal Nagar, New Mantralaya Naya Raipur, District Raipur (C.G.) 2 - Collector Kawardha District Kabirdham (C.G.) 3 - Sub Divisional Officer (Rev.) Pandariya, District Kabirdham (C.G.) 4 - Tahsildar Tahsil Pandariya, District Kabirdham (C.G.) 5 - Aajuram S/o Mangal Caste Teli And Resident Of Village Kapadah, Tahsil Pandariya, District Kabirdham (Chhattisgarh) 6 - Munna S/o Aajuram Caste Teli And Resident Of Village Kapadah, Tahsil Pandariya, District Kabirdham (Chhattisgarh) 7 - Lakhan S/o Mohan Caste Teli And Resident Of Village Kapadah, Tahsil Pandariya, District Kabirdham (Chhattisgarh) 8 - Mohan S/o Aajuram Caste Teli And Resident Of Village Kapadah, Tahsil Pandariya, District Kabirdham (Chhattisgarh) 9 - Jhaman S/o Mohan Caste Teli And Resident Of Village Kapadah, Tahsil Pandariya, District Kabirdham (Chhattisgarh) 10 - Sirabai W/o Mohan Caste Teli And Resident Of Village Kapadah, Tahsil Pandariya, District Kabirdham (Chhattisgarh) ... Respondent(s) (Cause-title taken from the Case Information System) For Petitioner(s) : Mr. C. K. Sahu, Advocate For State : Ms. Anuja Sharma, Panel Lawyer SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 26.03.2025 1. Petitioner has filed this writ petition seeking following reliefs :- 10.i That, the Hon'ble Court may kindly be pleased to direct the respondent Digitally signed by SHAYNA KADRI 2 authorities to consider the complaint of the petitioner and to remove/evict/dispossess to the private respondents no. 5 to 10/encroachers from the land of the petitioner at the earliest, in the interest of justice. 10.ii 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.” 2. Learned counsel for the petitioner would submit that the petitioner is permanent resident of village Kapadah, Tahsil Pandariya, District Kabirdham (Chhattisgarh) and the ancestoral property of petitioner bearing khasra no. 743/16 included 756/16 admeasuring 0.44 acres is situated at village Kapadah, Tahsil Pandariya, District Kabirdham (Chhattisgarh). Respondents no. 5 to 10 have forcefully encroached upon land admeasuring 0.12 acres from the aforesaid property bearing khasra no. 743/16 and 756/16 admeasuring 0.44 acre and started constructing house. Thereafter, the petitioner has moved several complaints to the respondent authorities to remove and dispossess to the respondents no. 5 to 10 from his land, but the respondent authorities has not taken any action till today, due to this, petitioner is being mentally harassed and is adversely effected. It is contention of learned counsel for petitioner that direction may be issued to concerned respondents to remove and dispossess respondents no. 5 to 10 from the land of the petitioner at the earliest. 3. On the other hand, learned State counsel opposes the submission made by learned counsel for the petitioner and would submit that petitioner has not approached the concerned S.D.O. or the Tahsildar for redressal of his grievance, hence, this petition is not maintainable at this stage. 3 4. At this stage, learned counsel for petitioner submits that he will approach before the S.D.O., Pandariya and the Tahsildar, Pandariya, however, a direction may be issued to decide the representation to be submitted by petitioner within some specified time. 5. On due consideration of the submission made by learned counsel for the petitioner, if petitioner files a representation / application before the concerned authorities, the concerned authorities are directed to consider and decide the same within 10 days from receipt of the representation / application, in accordance with law. 6. With this observation and direction, this writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Shayna