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2025 DAILYLAW 24797 (CHH)

SMT. NISHA DEVI v. STATE OF CHHATTISGARH

WPC/2781/2025 · 2025-06-12

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:23789 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2781 of 2025 1 - Smt. Nisha Devi W/o Chandrika Prasad Aged About 53 Years R/o Ward No. 7, Village And Post- Korja, Tahsil Pendraroad, District- Gaurela Pendra Marwahi (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Revenue, Mahanadi Bhawan, Nawa Raipur, District- Raipur (C.G.) 2 - The Collector Gaurela, District Gaurela-Pendra-Marwahi (C.G.) 3 - The Revenue Inspector Gaurela, Tahsil- Pendraroad, District- Gaurela-Pendra-Marwahi (C.G.) 4 - The Tahsildar Tahsil- Pendraroad, District- Gaurela-Pendra-Marwahi (C.G.) 5 - Ashok Kumar S/o Munnalal Verma (Ex Head Master) R/o Village- Korja, Tahsil- Pendraroad, District- Gaurela-Pendra-Marwahi (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Dhirendra Prasad Mishra, Advocate For Respondent(s) : Mr. Satish Gupta, Government Advocate Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 13/06/2025 1. With the consent of the parties, the present petition is heard finally. 2 2. The petitioner has filed the present petition praying to issue an appropriate writ, order, or direction in the nature of mandamus commanding the respondent authorities (Respondent no. 1 to 4) to take immediate and appropriate steps to remove the illegal encroachment done by Respondent No. 5 on the Government Land bearing Khasra No. 949, Area 0.3640 Hectare, Patwari Halka No. 11, at Village Korja, Revenue Circle-Gaurela, Tahsil-Pendra road, District-Gaurela-Pendra- Marwahi (C.G.) which is used as a common passage by farmers. 3. Learned counsel for the petitioner contended that the stay order dated 20.06.2012 has been passed in favour of Villagers over the disputed land bearing Khasra No. 949, Area 0.90 hectare, P.H. No. 11 by the Nayab Tahsildar, Tahsil-Pendra road, District- Bilaspur. The disputed land in question is registered in the Revenue record as Government Land. 4. Learned State Counsel submits that the petitioner has an alternate remedy for his grievance under Section 248 of C.G. Land Revenue Code, 1959. 5. On the said submission made by the State Counsel since an alternate remedy is available to the petitioner under Section 248 of C.G. Land Revenue Code, 1959, therefore, the present petition is disposed of. Sd/- (Arvind Kumar Verma) JUDGE Madhurima