1 2025:CGHC:21638 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2438 of 2025 1 - Bholu Prasad Suryavanshi (Complete Name) S/o Arjun Bhardwaj Aged About 60 Years R/o Village - Malhar, Tahsil - Masturi, Distt. - Bilaspur (C.G.) ... Petitioner versus 1 - The State Of Chhattisgarh Through Secretary, Nagriya Prashashan And Vikas Vibhag, Mantralaya, Raipur (C.G.) 2 - The Collector Distt. - Bilaspur (C.G.) 3 - The Sub Divisional Officer (R.) Masturi, Distt. - Bilaspur (C.G.) 4 - Tahsildar Tahsil - Masturi, Distt. - Bilaspur (C.G.) 5 - Naib Tahsildar Masturi, Distt. - Bilaspur (C.G.) 6 - Revenue Inspector Masturi, Distt. - Bilaspur (C.G.) 7 - Nagar Panchayat, Malhar Through Its Chief Municipal Officer, Nagar Panchayat, Malhar, Distt. - Bilaspur (C.G.) 8 - Chief Municipal Officer Nagar Panchayat, Malhar, Distt. - Bilaspur (C.G.) 9 - Secretary Revenue And Disaster Management, Mantralaya, Naya Raipur, Distt. - Raipur (C.G.) ... Respondent(s) (Cause-title taken from Case Information System) RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2025.05.12 19:50:45 +0530 2 For Petitioner : Mr. Parag Kotecha, Advocate For State/Respondent No.1 : Mr. Santosh Bharat, Panel Lawyer For Respondents No.7 & 8 : Mr. Satish Gupta, Advocate Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 09/05/2025 1. Heard Mr. Parag Kotecha, learned counsel for the petitioner. Also heard Mr. Santosh Bharat, learned Panel Lawyer for the State/respondent/s as well as Mr. Pankaj Agrawal, learned counsel for the respondents No.7 & 8. 2. By this instant petition, the petitioner has prayed for following relief/s : “(i) direct the respondents and its authorities not take any action of removing and taking the possession of the petitioner's property having Khasra No. 3334/1 Rakba 2.00 acres situated at Village Malhar, Tahsil Masturi, Distt. Bilaspur in the interest of justice. (ii) restrain the respondents from taking any action against the petitioner for removing him or his family from Khasra No. 3334/1 Rakba 2.00 acres situated at Village Malhar, Tahsil Masturi, Distt. Bilaspur in the interest of justice. (iii) Any other relief which this Hon'ble court deems fit and proper under the fact and circumstances of the case and in the interest of justice. The cost of the petition may be awarded in favour of the petitioner.” 3. Learned counsel for the petitioner submits that he has been given land on patta bearing Khasra No.3334/1, area 2.00 acres, 31.01.1985 (Annexrue P/1) situated at Village Malhar, Tahsil 3 Masturi, Distt. Bilaspur and thereafter Bhoomi Swami right has also been confirmed upon him and as such he is in possession of the land in question and he is doing his agricultural operation on the same by constructing a house on the same. Now, the respondent authorities are going to construct a Overhead Water Tank and Filter Machine on the said land, without acquiring the land of the petitioner, without issuing the notice to the petitioner, had done demarcation of petitioner's property. Perhaps there was an allegation that they have chosen the land which is the land of the petitioner, as such, it would be illegal and arbitrary and he has moved an application/representation before the concerned Collector raising his grievances which is still pending for consideration. 4. Learned counsel for the respondent authorities appearing on advance notice submits that subject to due verification and scrutiny of the claim of the petitioner, appropriate steps shall be taken at the earliest possible period 5. I have the argument advanced by the learned counsel for the parties and also perused the document available on record. 6. Considering the aforesaid facts and circumstances of this case, the concerned Collector is directed to consider the application/representation filed by the petitioner and to decide the same in accordance with law within a period of 30 days however, till decision on the application/representation dated 21.04.2025 of 4 the petitioner, the land of the petitioner bearing Khasra No.3334/1, area 2.00 acres, may not be disturbed and also directed not to take any coercive steps against the petitioner. 7. With the aforesaid observation(s) and direction(s), the present petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Ravi Mandavi