1 2025:CGHC:21974 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2576 of 2025 • Pheku Das S/o Bhalnath Aged About 65 Years R/o Village Raghunathpur, Tahsil Premnagar, District Surajpur (C.G.) ... Petitioner versus 1. State Of Chhattisgarh Through Secretary Department Of Revenue And Disaster Management, Mantralay, Mahanadi Bhavan, Nava Raipur, District Raipur (C.G.) 2. Commissioner Division Surguja District Surguja (C.G.) 3. Collector, Surajpur District Surajpur (C.G.) 4. Sub-Divisional Officer, Surajpur District Surajpur (C.G.) 5. Tahsildar, Premnagar District Surajpur (C.G.) ... Respondents For Petitioner : Mr. Rajbahadur Singh, Advocate For Respondent/State : Mr. Rahul Tamaskar, GA Hon'ble Shri Justice Deepak Kumar Tiwari PRIYANKA VERMA Digitally signed by PRIYANKA VERMA Date: 2025.05.13 16:07:31 +0530 2 Order On Board 13/05/2025 1. This Writ Petition has been filed for the following reliefs:- “1. That, this Hon’ble Court may kindly be pleased to issue a writ/writs, order/orders, direction/directions quashing impugned order dated 28.04.2025 (Annexure P/1), passed by the respondent No.2. 2. That, this Hon’ble Court may kindly be pleased to issue a writ/writs, order/orders, direction/directions and direct the respondents to not disposes the petitioner from his house and also direct to not demolished the house of the petitioner. 3. That, this Hon’ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.” 2. At the outset, learned counsel for the petitioner submits that the subject land is a Government land and the petitioner has constructed a house and badi over the subject property. He has also applied for grant of patta of the land in question by filing an application, however, the same has not yet been adjudicated by the competent authority. He further submits that the encroachment proceeding has already been initiated and an order has been passed against the petitioner, which has been affirmed by the Commissioner, Surguja Division by the order dated 28.04.2025. 3 3. Per contra, learned counsel for the respondent submits that indisputably, the petitioner is an encroacher and due procedure has been followed, therefore, the petitioner has no right to file this Petition. Moreover, the petitioner has failed to demonstrate any violation in the decision-making process. Hence, he prays to dismiss the Petition. 4. Heard the submissions put forth by counsel for the parties and also perused the documents annexed with the Petition carefully. 5. Admittedly, the petitioner is an encroacher on the Government land. After examining the fact that the due procedure under Section 248 of the Land Revenue Code has been followed, the Commissioner, Surguja Division has affirmed the subject order. 6. Considering the facts and circumstances of the case and also considering the fact that the petitioner himself has admitted the fact that he is an encroacher, this Court does not find any merit or substance in this Petition. 7. Resultantly, this Writ Petition fails and is hereby dismissed. 8. Accordingly, all the pending applications also stand disposed of. Sd/- (Deepak Kumar Tiwari) Judge Priyanka