-1- 2025:CGHC:14960 NAFR HIGH COURT of CHHATTISGARH AT BILASPUR WPC No. 2834 of 2021 Shyamlal Yadav S/o Shri Patiram Yadav Aged About 67 Years R/o Village Bilha, Ward No. 06, Near Ram Saptah Chowk, P. S. Bilha, Tahsil Bilha, District Bilaspur Chhattisgarh ... Petitioner versus 1 - State of Chhattisgarh Through The Secretary, Department of Panchayat And Rural Development, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh. 2 - Collector Bilaspur, District Bilaspur Chhattisgarh. 3 - Sub Divisional officer (Revenue) Bilha, District Bilaspur Chhattisgarh. 4 - Tahsildar Tahsil Bilha, District Bilaspur Chhattisgarh. 5 - Shankar Sharma S/o Heeralal Sharma R/o Peepal Chowk, Bilha, Tahsil Bilha, District Bilaspur Chhattisgarh. 6 - Station House officer Police Station Bilha, District Bilaspur Chhattisgarh ... Respondent(s) (Cause Title is taken from Case Information System) For Petitioner : None For State : Mr. Lav Sharma, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 27.03.2025 1) The petitioner has filed this petition seeking the following relief(s);- (i) That, this Hon’ble Court may kindly be pleased to Digitally signed by NADIM MOHLE -2- issue the writ, order or directions to the respondents authorities particularly respondent No.6 police authority to evict and dispossess the encroacher private respondent No.5 from the land of the petitioner within stipulated time and to give protection for the petitioner also in accordance with law, in the interest of justice. (ii) Any other relief which may be suitable in the facts and circumstances of the case, may also be granted.” 2) The petitioner in the present case pleaded that a lease was granted by the Tehsildar on 15.07.1980 pertaining to Survey No. 188, situated at Village Bilha, Patwari Circle No. 122, Tehsil Bilha, District Bilaspur. It is also pleaded that Survey No. 188 is a government land. The petitioner further stated that other persons have also been allotted leases from the same survey number and that he has constructed a kachha house on the allotted land. However, respondent No. 5 is allegedly attempting to encroach upon that land. The petitioner claimed to have filed complaints before the respondent authorities, but no action has been taken. A report was also lodged with the police authorities and was registered under Section 155 of the CrPC. Therefore, the petitioner seeks a direction to respondent No. 6 to take action against respondent No. 5. 3) On the other hand, Mr. Lav Sharma, learned Panel Lawyer, submits that the present petition is not maintainable and that the petitioner may approach either the civil or criminal courts for redressal of his grievances. 4) From perusal of the relief sought by the petitioner makes it clear that no such direction can be issued to the police authorities to take action against respondent No. 5, particularly when the petitioner’s complaint was registered -3- under Section 155 of the CrPC. The petitioner has the remedy to file a complaint case before the competent criminal court or to file a civil suit seeking a declaration of title and a permanent injunction. 5) Taking into consideration the above-discussed facts, this petition fails and is hereby dismissed at the admission stage. Sd/- (Rakesh Mohan Pandey) Judge Nadim