1 2025:CGHC:2688 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 270 of 2025 1 - Vijay Soni S/o Krishna Soni Aged About 49 Years R/o Village Sattipara, Ambikapur, District Surguja Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Revenue And Disaster Management Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, District Raipur Chhattisgarh. 2 - Commissioner Surguja, Division Surguja, Ambikapur, District Surguja Chhattisgarh. 3 - Collector Surguja, District Ambikapur Chhattisgarh. 4 - Sub Divisional OfÏcer (Revenue) Ambikapur, District Surguja Chhattisgarh. 5 - Tehsildar Najul Ambikapur, District Surguja Chhattisgarh. ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) :Shri Sushil Dubey, Advocate. For Respondent/State :Shri Shreyansh Mehta, Panel Lawyer SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.01.16 23:59:43 +0530 2 Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 16.01.2025 1. By the present writ petition, the petitioner is questioning the removal of encroachment order dated 19.12.2024 by the Tehsildar Najul Ambikapur by which the petitioner has been directed to remove the alleged encroachment immediately. 2. Learned counsel for the petitioner submits that the petitioner has already approached the Collector vide 27.12.2024 for grant of Patta as the petitioner is having possession over the land in question since more than 30 years. Earlier the writ petition was filed and the same was withdrawn with liberty to pursue the settlement application pending before the Collector Ambikapur, though the petitioner’s application is pending before the Collector, the Tehsildar on 19.12.2024 issued the removal of alleged encroachment which is an arbitrary action. 3. Learned counsel for the respondent/State would submit that earlier the same proceeding was drawn by the Tehsildar for removal of encroachment on 24.05.2019 and the same order was challenged before the Commissioner (Revenue) Sarguja Division, Ambikapur and the same was rejected on 29.10.2024 and the petitioner has not challenged the same before any higher forum. Hence, the impugned removal order dated 19.12.2024 issued by theTehsildar Najul Ambikapur is just and proper, there is no illegality in the order. 3 4. I have heard both the counsel for the parties and perused the document. 5. From perusal of the pleadings and record placed by the petitioner, particularly (Annexure P/10), which is an application for seeking grant of Patta of Najul Plot No. 642 area of 84 Sq. M. which is filed by the petitioner is pending before the Collector Sarguja Ambikapur, hence, as the petitioner’s application is pending before the Collector, the writ petition is disposed of with a direction to the Collector to decide the application moved by the petitioner for grant of Patta for the plot No. 642 area of 84 Sq. M. situated at Sattipara Ambikapur within a period of 30 days in accordance with law and till then (Annexure P/1) the removal of encroachment order dated 19.12.2024 remains stayed and till then no removal of the alleged encroachment be made for a period of 30 days. 6. With the aforesaid direction, the writ petition is disposed off. Sd/- (Bibhu Datta Guru) Judge Shoaib