1 2025:CGHC:16681 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1848 of 2025 1 - Suresh Dewangan S/o Lakhan Lal Dewangan Aged About 37 Years R/o Dewangan Mohalla, Holika Chowk, Takhatpur, Tahsil- Takhatpur, Distt. Bilaspur (C.G.) 2 - Vikas Dewangan S/o Parmeshwar Dewangan Aged About 35 Years R/o Ward No. 8, Dewangan Mohalla, Takhatpur, Tahsil- Takhatpur, Distt.- Bilaspur (C.G.) 3 - Pramod Mehra S/o Shiv Bagas Aged About 31 Years R/o Chunghat Road, Takhatpur, Tahsil- Takhatpur, Distt.- Bilaspur (C.G.) 4 - Rajesh Thakur S/o Late Chandrika Thakur Aged About 35 Years R/o Block Road, Takhatpur, Tahsil- Takhatpur, Distt. Bilaspur (C.G.) 5 - Shiv Kumar Dewangan S/o Late Banshi Lal Dewangan Aged About 45 Years R/o Tikripara, Takhatpur, Tahsil- Takhatpur, Distt. Bilaspur (C.G.) 6 - Abdul Habib Khan S/o Hayat Khan Aged About 60 Years R/o Musalmal Mohalla, Takhatpur, Tahsil- Takhatpur, Distt. Bilaspur (C.G.) 7 - Shahjada S/o Mohd. Ali Aged About 40 Years R/o Subhash Nagar, Takhatpur, Tahsil- Takhatpur, Distt. Bilaspur (C.G.) 8 - Ajmer Shah S/o Kamal Aged About 50 Years R/o Musaslman Mohalla, Takhatpur, Tahsil- Takhatpur, Distt. Bilaspur (C.G.) 9 - Deepak Thakur S/o Naresh Thakur Aged About 50 Years R/o Ward No. 01, Takhatpur, Tahsil- Takhatpur, Distt. Bilaspur (C.G.) 10 - Indrani W/o Krishna Aged About 55 Years R/o Tikripara, Takhatpur, Tahsil- Takhatpur, Distt. Bilaspur (C.G.) ... Petitioners versus YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.04.09 18:52:49 +0530 2 1 - State Of Chhattisgarh Through Secretary, Department Of Revenue, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, Distt. Raipur (C.G.) 2 - Collector Bilaspur, Distt. Bilaspur (C.G.) 3 - The Sub Divisional Officer (Revenue) Sub Division- Takhatpur, District Bilaspur (C.G.) 4 - The Tahsildar Takhatpur, Tahsil- Takhatpur, Distt. Bilaspur (C.G.) 5 - Naib Tahsildar Tahsil- Takhatpur, Distt. Bilaspur (C.G.) 6 - Chief Municipal Officer Municipal Council Takhatpur, Tahsil- Takhatpur, Distt. Bilaspur (C.G.) 7 - Patwari P.H. No. 28, Takhatpur, Tahsil- Takhatpur, Distt. Bilaspur (C.G.) 8 - D.R.M. Railway Division Bilaspur, Distt. Bilaspur (C.G.) ... Respondents (Cause-title taken from Case Information System) For Petitioners : Mr. Mirza Hafeez Baig, Advocate For Respondent-State : Mr. R.K. Gupta, Additional Advocate General For Respondent-Railway : Mr. Tushar Dhar Diwan, Standing Counsel Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 09.04.2025 1 Heard Mr. Mirza Hafeez Baig, learned counsel for the petitioners as well as Mr. R.K. Gupta, learned Additional Advocate appearing for State as well as Mr. Tushar Dhar Diwan, learned Standing Counsel appearing for the Railway. 2 The instant petition is preferred by the petitioners under Article 226 of the Constitution with the following relief(s):- 3 “(i) That, this Hon'ble Court may kindly be pleased to call for all the records of the case. (ii) That, this Hon'ble Court may kindly be pleased to quash the impugned notices issued by the respondent no. 6 beyond its jurisdiction and may further be pleased to direct the respondent state authorities including respondent no. 6 not to remove the stalls/shops of the petitioners from the railway land, in the interest of justice; (iii) That, this Hon'ble Court may kindly be pleased to provide any other relief to the petitioners deemed fit on the fact and circumstances of the instant case may also be granted.” 3 It has been submitted by learned counsel for the petitioners that the petitioners are permanent residents of Takhatpur and they are running small stalls of fruit, chawmin, eggroles, ground nuts, tea and break fast etc on the part of the Railway’s Land bearing survey no. 429/1 situated Near Mandi Chowk, Takhatpur, Distt. Bilaspur for about 30 years to earn their livelihood for their poor families, but the respondent no.6, despite having knowledge about the land as its belongs to Railway Department, has deliberately issued the notices to the petitioners to remove their 4 stalls from the above Railway Land, while it does not have jurisdiction to initiate the proceeding against the petitioners. He further submits that the case of the petitioners is identical to the case of similarly situated persons, who have approached this Court by filing WPC No.470/2024, which was disposed of by this Court vide order dated 30.01.2024, in which the co-ordinate Bench of this Court has permitted the petitioners therein to make a representation before the concerned Railway authorities and if such representation was made, the same shall be considered and decided strictly in accordance with law and further direction was given to the effect that no action with regard to the removal of encroachment shall be taken by any of the authorities till representation is decided. As such, instant petition be disposed of in terms of the order dated 30.01.2024 passed in WPC No.470/2024. 4 Considering the overall facts and circumstances of the case, particularly the fact that the writ petition filed by the similarly situated persons has been disposed of vide order dated 30.01.2024 in WPC No.470/2024, the petitioners in this writ petition are directed to make a representation before the concerned Railway authorities and if such representation is made, the same shall be considered and decided strictly in accordance with law. 5 5 It is made clear that no action with regard to the removal of encroachment shall be taken by any of the authorities till the representation is decided. It is further made clear that this Court has not expressed any thing on merits of the case. 6 With the aforesaid observation/direction, the writ petition stands disposed of. Sd/- - (Amitendra Kishore Prasad) Judge Yogesh