1 2025:CGHC:14904 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2590 of 2022 1 - Chandra Kumar S/o Omprakash Aged About 37 Years R/o Jhalpali, Tahsil Basna, District : Mahasamund, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Collector, Mahasamund, District : Mahasamund, Chhattisgarh 2 - Sub Divisional Officer (R) Mahasamund, District : Mahasamund, Chhattisgarh 3 - Nayab Tahsildar Basna, District : Mahasamund, Chhattisgarh ... Respondents (Cause-title taken from the Case Information System) ----------------------------------------------------------------------------------------------- For Petitioners :- Mr. Shubham Tripathi, Advocate For State :- Ms. Nupoor Sonker, P.L. ----------------------------------------------------------------------------------------------- SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 27.03.2025 1. The petitioner has filed the petition seeking following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of petitioner. 10.2 That, this Hon'ble Court may kindly be pleased to allow the writ petition and quash the order dated 23.05.2022 (Annexure P/1) passed in case no. 202110121400017/A-68 year 2021- 2022 by the respondent no. 3 Nayab Tahsildar which relates to the petitioner, in the interest of justice. 10.3 Any other relief, which may deem fit and proper in the facts and circumstances of the case, may also be allowed. ” 2. Brief facts of the case are that the land in question situated in Khasra no. 237, total rakba 20 x 12 i.e. 240 sqft. has been duly allotted by the Gram Panchayat in the year 1982 to the forefather of present petitioner, in which grandfather of the petitioner namely Jhanak Ram has constructed a house and thereafter his son namely Omprakash and the present petitioner who is son of Omprakash are residing alongwith the other family member. The respondent no. 3 has initiated the proceeding under Section 248 of C.G. Land Revenue Code and after service of the notice, the petitioner appeared before the Court and informed that the Gram Panchayat has duly allotted land in question to the grandfather of the petitioner and since 1982, a house has been constructed in 3 which father and the present petitioner are residing and the said plot is far away from the existing road, then the constructed house of the petitioner will not not come into way of road, but the learned Nayab Tahsildar without looking into the document passed the impugned order and directed the petitioner to remove the possession from the said house, in which the petitioner is residing since his grand father’s time. Hence this petition. 3. Learned counsel for the petitioner submits that the Gram Panchayat has duly allotted land in question to the grandfather of the petitioner and since year 1982, a house has been constructed in which father and the present petitioner are residing. It is stated that the respondent No. 3, without looking into the documents, has passed the impugned order dated 23.05.2022 and directed the petitioner to remove the possession from the said house, in which the petitioner is residing since his grand father’s time. The said order is illegal, arbitrary, bad in law and deserves to be set- aside/quashed. 4. Learned State counsel submits that the petitioner is an encroacher and he is not having any legal documents to show the ownership of his land, as such, the respondent No. 3 has rightly passed such order. 5. I have heard learned counsel for parties and perused the documents available in record. 6. Considering the aforesaid submissions made by the parties, it seems that the petitioner is an encroacher of the government land 4 as upon query, he has failed to show any relevant document which shows his possession over the said property. Considering the aforesaid aspect of the matter, the petitioner is directed to approach before the concerned Officers/competent respondent authority for settlement of his land by filing a representation annexing all the documents which has been annexed with this petition within a period of two weeks from the date of receipt of copy of this order and the concerned competent respondent authority, in turn, shall consider and decide the said application/representation of the petitioner, in accordance with law, without influencing this order, within a further period of 60 days from the date of receipt of the said application/representation. 7. Till the decision of the said representation, it is directed that the encroachment made by the petitioner may not be removed. 8. With this observation/direction, the writ petition stands disposed off. Sd/- (Amitendra Kishore Prasad) Judge Vishakha