1 2025:CGHC:18929 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1505 of 2014  Basant Gupta S/o Late Panchram Gupt Aged About 48 Years R/o Village Panchayat Makhanpur Dumarkachar Chowk P.S. Pali Distt. Korba C.G. , Chhattisgarh ... Petitioner(s) versus 1. State Of Chhattisgarh And Ors. S/o Through The Secretary Department Of Land Revenue Mahanadi Bhawan New Raipur Post And P.S. Rakhi Civil And Revenue Distt. Raipur C.G., Chhattisgarh 2. The Collector Korba , Civil And Revenue Distt. Korba C.G., District : Korba, Chhattisgarh 3. The Tahsildar Tahsil Pali Distt. Korba C.G. , District : Korba, Chhattisgarh ... Respondent(s) For Petitioner : Mr. Rudra Tripathi, Advocate on behalf of Mr. Jitendra Nath Nande, Advocate For Respondents/ State : Mr. Dashrath Prajapati, P. L. Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 25-04-2025 1) By way of this petition, petitioner has sought following relief(s) :- 10.1 This Hon'ble Court may kindly be pleased to call for the entire records concerning the petitioner's case from the possession of the respondents for its kind perusal. 10.2 This Hon'ble Court may kindly be pleased to issue a writ in the nature of mandamus directing Digitally signed by AJINKYA PANSARE Date: 2025.04.28 18:18:38 +0530 2 the respondent authorities to allow the petitioner to transact his business/residence at his occupying area situated at village panchayat Makhanpur Dumarkashar chowk Tahsil Pali District-Korba. 10.3 The Hon'ble Court may kindly be pleased to issue a writ to quash the impugned demolition notice dated 12-06-2014 (Annexure P-1) issued by the court of Tahsildar Pali District Korba (Respondent No.3) and declare the same as void and inoperative 10.4 The Hon'ble court may kindly be pleased to issue appropriate writ against the respondents directing them to consider the petitioners representation and to provide alternative place for rehabilitation of the petitioner's family. 10.5 Any other relief/relief's which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case with cost of the petition may also please be granted to the petitioner, in the interest of justice. 2) Learned counsel for the petitioner submits that a notice was issued by the Tehsildar, Pali on 12.06.2014 to demolish the shop constructed over house situated at Khasra No.1/3, P.H. No. 24, Revenue Circle Pali, District Korba as encroachment was found over the government land by the petitioner. He further submits that after six days, on 18.06.2014, some part of the building was demolished and the right of petitioner enshrined under Articles 14, 16, 19 (1)(g) and 21 of the Constitution of India has been violated. He is seeking a direction to the respondent authorities to take appropriate action against the erring officer and quash the notice dated 12.06.2014. 3) On the other hand, learned State counsel opposes. 4) Heard. 5) Evidently, the part of the house/ shop was demolished on 18.06.2014 and petitioner has challenged the notice dated 12.06.2014. This 3 petition was filed on 04.08.2014 and by that time, shop/ house of the petitioner was already demolished. 6) Taking into consideration the fact that (i) quashing the notice dated 12.06.2014 would not serve the purpose of petitioner and (ii) petitioner has encroached over the government land, in the opinion of this Court, this petition is not maintainable and is hereby dismissed. 7) However, petitioner would be at liberty to take recourse to law. Sd/- (Rakesh Mohan Pandey) JUDGE Ajinkya