1 2025:CGHC:22830 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2557 of 2025 1 - Ramkrishna Gupta S/o Late Shri Bhagwat Prasad Aged About 60 Years R/o Ward No. 23 Main Road Kawardha Dist- Kawardha (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Collector, Kawardha, Dist. Kabirdham Chhattisgarh 2 - Sub Divisional Officer Kawardha Dist. Kabirdham Chhattisgarh 3 - Tahsildar Kawardha Dist. Kabirdham Chhattisgarh 4 - Chief Executive Engineer Water Resources Deppartment Division Kawardha Dist. Kabirdham (Chhattisgarh) 5 - Saheb Lal S/o Guniram Aged About 45 Years R/o Vill. Harinchapra, Kawardha Dist. Kabirdham (C.G.) 6 - Bhaiyalal Guniram Aged About 44 Years R/o Vill. Harinchapra, Kawardha Dist. Kabirdham (Chhattisgarh) 7 - Dev Kumar S/o Lainu Aged About 50 Years R/o Vill. Harinchapra, Kawardha Dist. Kabirdham (Chhattisgarh) 8 - Bhagwat S/o Lainu Aged About 49 Years R/o Vill. Harinchapra, Kawardha Dist. Kabirdham (Chhattisgarh) 2 9 - Resham S/o Lainu Aged About 47 Years R/o Vill. Harinchapra, Kawardha Dist. Kabirdham (Chhattisgarh) 10 - Kumar S/o Bipat Aged About 50 Years R/o Vill. Harinchapra Kawardha Dist. Kabirdham (Chhattisgarh) 11 - Kejuram S/o Maya Aged About 51 Years R/o Vill. Harinchapra, Kawardha Dist. Kabirdham (Chhattisgarh) ... Respondent(s) For Petitioner(s) : Mr. D.D. Yadav and Ms. Sugandha Gupta, Advocate For Respondent(s) : Mr. Mayur Khandelwal, Panel Lawyer Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 10/06/2025 1. With the consent of the parties the present petition is heard finally. 2. The present petition is filed by the petitioner praying for the following relief(s): “10.1 That, this Hon’ble Court may kindly be pleased to direct the respondent no. 1 to decide the impugned application dated 07.03.2025 within stipulated time. 10.2 That, this Hon’ble Court may kindly be pleased to stay the illegal encroachment of respondent no. 5 to 11. 10.3 Any other order/relief which this Hon’ble Court may deem fit, proper and just in the facts and circumstances of the present case may 3 also kindly be awarded to the Petitioner in the ends of justice and enquiry.” 3. Brief facts of the case is that the respondent no. 1 is not deciding the application of the petitioner in respect of illegal encroachment over the Government Canal by the respondent no. 5 to 11. By way of this petition the petitioner is seeking direction for respondent no. 1 to decide his application/complaint within a stipulated time. 4. Learned counsel for the petitioner contended that the petitioner is the bonafide purchaser of the land and is suffering irreperably because of the illegal encroachment done by respondent no. 5 to 11. 5. Learned counsel for the State submits that the application of the petitioner will be decided by the concerned authority as soon as possible. 6. I have heard learned counsel for the respective parties and perused the record with utmost circumspection. 7. Perusal of record shows that the petitioner is the owner of the land bearing Khasra No. 48/1, 57/2, 58/2, 59 and 71/3 areas admeasuring 1.9460 hectare, 3.5160 hectare, 0.713 hectare, 0.1130 hectare and 0.0200 hectare total Khasra No. 05, total area of 6.3080 hectare (15.58 acres) agricultural land situated at Village Harinchapra, P.H. No. 29 R.N.M. and Thesil Bodla, District- Kabirdham. The said land is irrigated by Harinchapra Dam constructed by Water Resources Department, Kabirdham. Respondent no. 6 to 11 have encroached upon the said canal 4 drain by starting the construction of a house with columns and other non-applicants have encroached by filling up the canal. The petitioner has made complaint before the Respondent no. 1 but no action has been taken by the respondent no. 1. 8. Keeping in view the above facts and circumstances of the case and considering the limited prayer of the petitioner, this petition is disposed off with a direction to the respondent no. 1 to decide the application/complaint dated 07.03.2025 filed by the petitioner expeditiously as soon as possible as per law/rules/regulations. 9. Thus, the present petition is disposed off. SD/- (Arvind Kumar Verma) JUDGE Madhurima