1 2025:CGHC:26695 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3077 of 2025 Ahmad Ansari S/o Rahim Miyan Aged About 60 Years R/o Ward No. 04 Ramanujganj, Tahsil - Ramanujganj Distt - Balrampur-Ramanujganj Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue Mahanadi Bhawan New Raipur Distt - Raipur Chhattisgarh 2 - The Secretary Department Of Urban Development Mahanadi Bhawan New Raipur Distt - Raipur Chhattisgarh 3 - The Collector Balrampur Distt - Balrampur-Ramanujganj Chhattisgarh 4 - Sub Divisional Officer (Revenue) Ramnujganj Distt - Balrampur- Ramnujganj Chhattisgarh 5 - Tahsildar Ramnujganj, Distt - Balrampur-Ramnujganj Chhattisgarh 6 - Chief Municipal Officer Nagarpalika Parishad - Ramnujganj, Distt - Balrampur-Ramnujganj Chhattisgarh. ---- Respondents For Petitioner : Mr. A.N. Pandey, Advocate For State : Mr. Satish Gupta, GA 2 Hon'ble Shri Justice Arvind Kumar Verma Order on Board 23/06/2025 1. The petitioner has preferred instant writ petition under Article 226 of the Constitution of India against the illegal, arbitrary and unreasonable action on the part of the respondent authorities by which they have illegally demolished the shop of the petitioner on 01.05.2025 without any notice or without acquiring the land of the petitioner and without paying any compensation to the petitioner and without following the procedure of Land Acquisition Act and presently marking the land of the petitioner for construction of Choupati by the the respondent No.6 upon the subject land of the petitioner. 2. Learned counsel for the petitioner submits that the action on the part of the respondent no.6 is illegal, arbitrary and unreasonable by which he has illegally demolished the shop of petitioner without demarcate the land of petitioner and without acquiring the land of petitioner and without paying any compensation. He further submits that the petitioner is the registered owner of the subject land and the said land is the ancestral property of the petitioner and he is in possession of the subject land and constructed the shop upon the subject land but all of sudden on 01.5.2025, the respondent no.6 without any notice or without demarcate the land of petitioner and 3 without paying any compensation of the land to the petitioner without following the procedure of Land Acquisition Act therefore the action on the part of respondent no.6 is illegal, arbitrary and contrary to law. The respondent no.6, presently marking the land of petitioner for construction of Choupati by the respondent 6 upon the subject land and if the respondent no.6 constructed the Choupati upon the land of petitioner, without paying the compensation to the petitioner, he is suffering from irreparable loss and injury. He further submits that the petitioner is not encroacher of the subject property and the said property is the ancestral property of the petitioner but without any notice or without demarcated the land of petitioner, respondent No.6, demolish the shop of petitioner in arbitrary manner. 3. Learned counsel for the State opposed the submission made by learned counsel for the petitioner and submits that the petitioner has encroached the Government land adjoining to the main road, therefore, the Tahsildar- Ramanujganj has initiated action against the petitioner as per law. 4. I have heard learned counsel for the parties and perused the record with utmost circumspection. 5. In view of the foregoing discussion, the writ petition is disposed of with a direction to the petitioner to file application under Section 4 129 of the Chhattisgarh Land Revenue Code for demarcation of his land before the competent authority within a period of ‘15 days’ from today and the said authority in-turn shall decide the same within a period of ‘45 days’ from the date of submission of said application. The respondents shall demarcate the land of the petitioner in his presence and if the land of the petitioner is acquired then, they will pay compensation to him for the said property as per provision of law. 6. With the aforesaid observations & directions, the writ petition stands disposed of. Sd/- (Arvind Kumar Verma) Judge Vasant