Extracted from the PDF above. The PDF is authoritative.
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NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2449 of 2025 1 - Chhoti Bai Sahu W/o Late Rambharosh Sahu Aged About 71 Years R/o Ward No. 6 Old Bazarpara, Surajpur, Tahsil And District- Surajpur (C.G.)
... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Urban Administration And Development Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur (C.G.). 2 - The Collector District- Surajpur (C.G.). 3 - The Sub-Divisional Magistrate Surajpur, District- Surajpur (C.G.). 4 - The Chief Municipal Officer Nagar Palika Parishad, Surajpur, District- Surajpur (C.G.). 5 - The Tahsildar Surajpur, District- Surajpur (C.G.). ... Respondent(s) For Petitioner(s) : Mr. Gaurav Singhal, Advocate. For Respondent(s)/ State : Ms. Anuja Sharma, Panel Lawyer. Digitally signed by RAGHVENDRA JAT
2 Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 09/05/2025
1. By way of this writ petition, the petitioner has prayed for following reliefs:-
“10.1 That, the Hon'ble Court may kindly be pleased to quash the impugned notice dated 02.05.2025 (Annexure P/1) and further be pleased to direct the respondent authorities not to take any coercive step against the petitioner for removal from the subject land part of khasra 1804 admeasuring area 6534 sq.ft. (15 dismil) situated at Ward No. 7, Old Stand, Surajpur (C.G.). 10.2 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.”
2. Learned counsel for the petitioner submits that on 02.05.2025 without conducting any demarcation, without any basis, the respondent No. 4 has directed the petitioner to remove the encroachment from the land bearing Khasra No. 1804 admeasuring area 6534 sq.ft. (15 dismil) situated at Ward No. 7, Old Stand, Surajpur (C.G.). He further submits that he is seeking a direction to the respondent authorities not to take any coercive steps against the petitioner. 3
3. On the other hand learned counsel for the State opposes the same. 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, and further considering the impugned notice dated 02.05.2025, the petitioner is directed to file a representation before the concerned authorities with relevant documents within a period of 10 days, and in turn, the concerned authorities are directed to consider and decide the case of the petitioner within a period of 20 days.
Till the decision of representation no no coercive steps shall against the petitioner. 6. If, it will be found that the petitioner is not having any right over the land in question necessary orders for removal of encroachment may be passed. 7. With this observation and direction, the writ petition is disposed of. SD/- (Amitendra Kishore Prasad) Judge Raghu Jat