1 2025:CGHC:16428 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1787 of 2025 1 - Biranchi Chaudhari S/o Hiralal Chaudhari Aged About 47 Years R/o Ahead Of Railway Crossing, Ward No. 50, Borsibhatha, Durg, District- Durg (C.G.) (As Per Annexure P/1). 2 - Jivan Yadav S/o Kartik Yadav Aged About 43 Years (Wrongly Mentioned As Kranti Yadav), R/o Ahead Of Railway Crossing, Ward No. 50, Borsibhatha, Durg, District- Durg (C.G.) (As Per Annexure P/1). 3 - Smt. Sunita Bhonsle W/o Shivaji Bhonsle Aged About 51 Years R/o Ahead Of Railway Crossing, Ward No. 50, Borsibhatha, Durg, District- Durg (C.G.) (As Per Annexure P/1). 4 - Domar Banjare S/o Aamir Banjare Aged About 58 Years R/o Ahead Of Railway Crossing, Ward No. 50, Borsibhatha, Durg, District- Durg (C.G.) (As Per Annexure P/1). 5 - Smt. Asha Sahu W/o Late Hemant Sahu Aged About 44 Years R/o Ahead Of Railway Crossing, Ward No. 50, Borsibhatha, Durg, District- Durg (C.G.) (As Per Annexure P/1). Digitally signed by RAGHVENDRA JAT 2 6 - Kunj Sahu S/o Late Ganesh Sahu Aged About 50 Years R/o Ahead Of Railway Crossing, Ward No. 50, Borsibhatha, Durg, District- Durg (C.G.) (As Per Annexure P/1). ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Principal Secretary, Urban Development, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District- Raipur (C.G.). 2 - Collector Durg, District- Durg (C.G.). 3 - Nagar Palika Nigam Durg, Through Commissioner, Durg, District- Durg (C.G.). 4 - Smt. Suman Nadesan Unni W/o K. Krishnan Unni Aged About 56 Years R/o Quarter No. 4/a, Street No. 35, Sector-10, Bhilai, District- Durg (C.G.). ... Respondent(s) For Petitioner(s) : Mr. T. K. Jha, Advocate. For Respondent(s)/ Nagar Palika Nigam, Durg : Mr. Praveen Das, Dy. A.G. For Respondent/ State : Mr. Satish Gupta, Government Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 08/04/2025 1. By way of this petition, the petitioners have prayed for following 3 reliefs:- “10.1 Hon'ble Court may kindly be pleased to call for the entire record pertaining to the instant case. 10.2 The Hon'ble Court may kindly be pleased to allow this petition and set aside the notice dated 24.03.2025 (ANNEXURE P/1), in the interest of Justice. 10.3 Any other relief which the Hon'ble Court deems fit and proper in the facts and circumstances of the case may also be provided to the petitioners.” 2. Learned counsel for the petitioner submits that the petitioners are in possession of land in question since last 35 years the subject land is situated in Ward No. 50, Borsibhatha, Durg in which they have constructed a temporary (Kacha) house in which all the family members are residing, they are paying house tax to respondent No. 3- Nagar Palika Nigam, Durg, the respondent No. 4, namely, Smt. Suman Nadesan Unni who is having grudge against the petitioners as she has encroached upon some portion of their possessed land which they have objected and as such she has made complaint to the authorities and has filed a writ petition bearing WPC No. 1035/2025. In the said writ petition the petitioners were not made party and behind their back, order dated 24.02.2025 has been obtained from this Court in which this Court has directed the concerned Collector, Durg to consider the 4 case of the complainant and to take necessary steps for removal of illegal encroachment if it is found. Accordingly, on the basis of said writ petition impugned notice was issued to the petitioners by which the petitioner were directed to remove the illegal encroachment within a period of three days vide notice dated 24.03.2025. He further submits that the land in question is the only place for shelter of the entire family and orders have been passed only on the basis of writ petition filed by the complainant as such the concerned authorities may be directed to consider their application and to pass appropriate orders after giving due opportunity of hearing to them. 3. On the other hand learned counsel for Nagar Palika Nigam, Durg submits that the petitioners are encroachers they have constructed their house on the encroached land illegally. Earlier also notices were issued, however, no satisfactory explanation has been given to the petitioners as such the petitioners were directed to remove illegal encroachment within a period of 3 days otherwise necessary steps will be taken for removal of encroachment as such the petitioners are not entitled to get any relief. 4. I have heard learned counsel for the parties and perused the material available on record. 5. Considering the facts and circumstances of the case, though 5 earlier notices were issued to the petitioners by the Nagar Palika Nigam, Durg on several occasions, however, the petitioners were failed to produce any documents in respect of their entitlement and possession. This Co-ordinate Bench of this Court has passed an order dated 24.02.2025 passed in WPC No. 1035/2025 by which a direction was issued to the concerned Collector, Durg to take appropriate steps in respect of illegal encroachment made over the grass land situated in Village-Borsi bearing Khasra No. 194/1. 6. Since notice has been issued in pursuance of order dated 24.03.2025 as such the petitioners are given a liberty to approach before the concerned Nagar Palika Nigam, Durg while filing appropriate application along with the relevant documents on which they are claiming their entitlement over the dispute land. This be done within a period of 2 days and, in turn, the concerned authorities especially respondents No. 1, 2 & 3 are directed to consider the case of the petitioners and to decide the same in accordance with law. 7. Though the petitioners are encroachers but even if they are encroachers they are required to be heard and if after hearing petitioners are failed to produce any documents the concerned respondent authorities are directed to pass appropriate orders for eviction and to take appropriate action. 6 8. The petitioners are directed to file an appropriate application before the concerned respondent authorities along with relevant documents by 11th of April, 2025, and, in turn, the concerned respondent authorities are directed to consider the same by 24th of April, 2025. 9. With this observation and direction, the writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat