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2025 DAILYLAW 23573 (CHH)

MALIKRAM v. STATE OF CHHATTISGARH

WPC/2662/2025 · 2025-06-08

Shri Arvind Kumar Verma

body2025

Judgment text

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1 / 3 2025:CGHC:22608 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2662 of 2025 Malikram S/o Ramdayal Verma Aged About 66 Years R/o Village- Gatapar, P.H. No. 24, Revenue Circle And Tahsil Palari, District- Balodabazar Bhatapara Chhattisgarh. ... Petitioner versus 1 - State of Chhattisgarh Through - The Secretary, Department of Revenue, Mahanadi Bhawan New Mantralaya, Atal Nagar, Naya Raipur District- Raipur (C.G.) 2 - Collector Balodabazar Bhatapara, District- Balodabazar Bhatapara (C.G.) 3 - Sub Divisional Officer (Rev) Palari, District- Balodabazar-Bhatapara (C.G.) 4 - Tahsildar Tahsil Palari, District- Balodabazar Bhatapara (C.G.) 5 - Rajkunwar W/o Sukhdas Dhritlahre Aged About 60 Years 6 - Bonai S/o Sukhdas Dhritlahre Aged About 35 Years 7 - Sant S/o Sukhdas Dhritlahre Aged About 40 Years 8 - Sarita W/o Bonai Dhritlahre Aged About 36 Years 9 - Anita W/o Sant Dhritlahre Aged About 36 Years Respondents No.5 to 9 are R/o Village- Gatapar, P.H. No. 26, Revenue Circle And Tahsil Palari, District- Balodabazar Bhatapara Chhattisgarh. ... Respondents For Petitioner : Mr. Manish Thakur, Advocate For State : Mr. Satish Gupta, Government Advocate Mr. Leeladhar Kanwar, Tahsildar, Palari, is also present in person before the Court. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.06.10 13:58:18 +0530 2 / 3 (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 09/06/2025 1. The petitioner has filed the instant petition with the following reliefs:- (i) That, the Hon’ble Court may kindly be pleased to issue strictly direction to the private respondents no. 5 to 9 to comply the eviction order dated 23.09.2024 passed by the respondent no.4 and to remove/dispossess from illegal construction house at the earliest, in the interest of justice. (ii) That, the Hon’ble Court may kindly be pleased to impose penalty against the private respondents no.5 to 9 for non- compliance of the eviction order dated 23.09.2024 passed by the respondent no.5, in the interest of justice. (iii) That, the Hon’ble Court may kindly be pleased to direct the respondent authorities to demolish illegal encroaching for construction house by the private respondents no.5 to 9 on the nistari place (nistari way) within stipulated time, in the interest of justice. (iv) Any other relief which may be suitable in the facts and circumstances of the case, may also be granted, in the interest of justice. 2. The grievance of the petitioner is that the private respondents No.5 to 9 have been allotted a government land bearing Khasra No.275/6, Khasra No.215/6 area 0.010 hectare but they have forcefully encroached upon the Nistari land and Khalihan over the Government Land bearing Khasra No.153 and private land of the petitioner. 3. Learned State counsel contended that all the encroachments have been removed from the government land which has been carried out by Respondents No.5 to 9. In this regard Mr. Leeladhar Kanwar, Tahsildar, Palari, District Balodabazar-Bhatapara, C.G. who is also 3 / 3 present in person before the Court has filed an affidavit in compliance of the order dated 29th of May, 2025, wherein it has been contended that the encroachment over the government land by the private respondents No.5 to 9 has been removed on 02.06.2025 and a Panchnama was also prepared in this regard. 4. I have heard learned counsel for the respective parties and perused the documents. 5. Considering the submission made by learned State counsel that the respondents No.5 to 9 have been dispossessed from the illegal possession and an affidavit has also been filed in this regard, therefore, nothing survives for further adjudication in this case. 6. Accordingly, the instant writ petition is disposed of. SD/- SD/- (Arvind Kumar Verma) JUDGE ashu