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2025 DAILYLAW 22396 (CHH)

RAMAWTAR GURUDWAN v. STATE OF CHHATTISGARH

WPC/2525/2025 · 2025-05-08

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:21829 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2525 of 2025 1 - Ramawtar Gurudwan S/o Late B N Gurudwan Aged About 70 Years R/o Gram And P.O.- Hardibazar, Tahsil- Hardibazar, P.S.- Hardibazar, Dist.- Korba (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through It's Secretary, Revenue And Disaster Management Department, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District- Raipur (C.G.) 2 - Collector Korba, District Korba (C.G.) 3 - Tahsildar Hardibazar, Tahsil- Hardibazar, District- Korba (C.G.) 4 - Pramod Kumar @ Gudda S/o Late Narmada Prasad Jaiswal, R/o Of Beside Post Office, Village Post Hardibazar, Tahsil- Hardibazar, District Korba 5 - Antram Dixena S/o Late Ramprasad R/o Of Main Road Hardibazar, Village Post Hardibazar, Tahsil- Hardibazar, District Korba 6 - Naresh Tandon R/o Main Road Hardibazar, Village Post Hardibazar, Tahsil- Hardibazar, District- Korba VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 7 - Jeevan Gada R/o Of Ambedkar Chowk, Hardibazar, Village Post Hardibazar, Tahsil- Hardibazar, District Korba ... Respondent(s) For Petitioner : Mr. Gary Mukhopadhyay, Advocate. For State : Mrs. Upasna Mehta, Dy. G.A. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 09/05/2025 1. By way of this petition, the petitioner has prayed for following reliefs:- “I. This Hon'ble Court be pleased call for the entire records of the Revenue Case with E Court No. 202406053300020/B-121/2023-24. ii. This Hon'ble Court be pleased to direct the Respondent No.3 to immediately proceed with the Revenue Case with E. Court. No. 202406053300020/B- 121/2023-24 and decide the same within a stipulated period. Iii. This Hon'ble Court be kindly pleased to further direct the Respondent State Authorities to get the government land bearing Khasra No.158 and 159 situated at Patwari Halka No.15, village Hardibazar, District Korba (CG), vacated from the Respondent No.4 and 5 from their illegal encroachment. iv. Cost of this petition be awarded to the petitioners. V. Any other relief/reliefs, order/orders, 3 direction/directions and writ/writs as may be deemed fit by the Hon'ble Court in the facts and circumstances of the case.” 2. Learned counsel for the petitioner submits that the Respondents No. 4 to 7 are illegally encroaching upon government land and blocking the Petitioner’s access to his own property. Despite repeated complaints, Respondent No. 3 has failed to act and is instead shielding the encroachers. Further, no decision has been made on the Petitioner’s application filed under Section 248 of the Chhattisgarh Land Revenue Code, even after a lapse of considerable time. Respondent No. 2 has also remained unresponsive to the Petitioner’s grievances. If the illegal acts are permitted to continue, the Petitioner will be deprived of his constitutional right under Article 300A of the Constitution of India to peacefully enjoy his property. The respondents may be directed to consider the case of the petitioner within a stipulated time. 3. Learned counsel for respondent submits that in view of the limited prayer made by counsel for petitioner for considering the case of the petitioner, he is having no objection. She submits that the representation of the petitioner will be considered in accordance with law. 4. Considering the facts and circumstances of the case, the nature of the grievance raised, and the limited prayer made by the petitioner, it is directed that the concerned Tehsildar shall decide 4 the proceeding which has been initiated by him vide Annexures P/6 & P/10 within expeditious time preferably within a period of 90 days from the date of receipt of this order., in accordance with law. 5. With this observation and direction, the writ petition is disposed of. sd/- (Amitendra Kishore Prasad) Judge Vishakha