1 2025:CGHC:13034-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPPIL No. 52 of 2024 1 - Smt. Asha Dewangan W/o Dharampal Dewangan Aged About 45 Years R/o Ward No. 2, Chaurah Road, Opposite Mini Garden, Ambagarh Chowki, District: Mohla-Manpur-Ambagarh Chowki, Chhattisgarh 2 - Yashwant Rajput S/o Late Ramsingh Rajput Aged About 67 Years R/o Ward No. 3, Chaurah Road, Opposite Mini Garden, Ambagarh Chowki, District : Mohla-Manpur-Ambagarh Chowki, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Secretary, Department Of Revenue Indrawati Bhawan, Nava Raipur, District : Raipur, Chhattisgarh 2 - Collector Mohla-Manpur-Ambagarh Chowki, Chhattisgarh 3 - Sub Divisional OfÏcer (R) Mohla, District : Mohla-Manpur-Ambagarh Chowki, Chhattisgarh 4 - Tahsildar Tehsil Ambagarh Chowki, District : Mohla-Manpur-Ambagarh Chowki, Chhattisgarh 5 - Chief Municipal OfÏcer Nagar Panchayat, Ambagarh Chowki, District : Mohla-Manpur-Ambagarh Chowki, Chhattisgarh 6 - Chhattisgarh State Power Distribution Company Limited (C.S.P.D.C.L.) Through Junior Engineer Ambagarh Chowki, District : Mohla-Manpur-Amba- garh Chowki, Chhattisgarh 2 7 - Bhawar Lal Patel R/o Ward No. 3, Chaurah Road, Opposite Mini Garden, Ambagarh Chowki, District : Mohla-Manpur-Ambagarh Chowki, Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Basant Dewangan, Advocate. For Respondent(s) : Mr. Sangharsh Pandey, Government Advocate. For Respondent No. 6 : Mr. Mayank Chandrakar, Advocate. For Respondent No. 7 : None Hon’ble Mr. Ramesh Sinha, Chief Justice Hon’ble Mr. Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha, Chief Justice 19/03/2025 1 Heard Mr. Basant Dewangan, learned counsel for the petitioner, Mr. Sangharsh Pandey, learned Government Advocate for the State/respondents No. 1 to 4, Mr. Mayank Chandrakar, learned counsel for the respondent No. 6. 2 The petitioner(s) have prayed for the following relief(s): “10.1 That, this Hon'ble Court may kindly be pleased to call the entire records. 10.2 That, this Hon'ble Court may kindly be pleased to accept the instant writ as a public interest petition and direct the Respondent Revenue Authorities to take stringent action on the private respondent for illegal construction 10.3 That this Hon'ble Court may kindly be pleased to direct the respondent revenue authorities to remove the illegal construction on the government land which is being carried out by the private respondent 3 10.4 That, this Hon'ble Court may kindly be pleased to order initiate inquiry upon the encroachment on the government land by the private respondent. 10.5 That, this Hon'ble Court may kindly be pleased to award the cost and expenses of this petition. 10.6 That, this Hon'ble Court may kindly be pleased to issue any other writ or direction or orders in favour of the petitioner and against the respondents upon these facts and in the circumstances of the case in the interest of justice and equity.” 3 The petitioners are the resident of Ward No. 2, Ambagarh Chowki of District Mohla Manpur Ambagarh Chowki. The respondent No. 7 was granted patta in the name of his wife Smt. Saroj Patel under the scheme of Pradhan Mantri Awas Yojna (PMAY) related to Khasra No 182/2 area 600 sq ft. The respondent No. 7 had slowly started to encroach on the government land by elaborating the construction from 600 sq. ft (as permitted) to 1000 sq. ft. The respondent No. 7 has encroached which is main road of the village with heavy trafÏc, and due to the illegal construction many times tragic catastrophe takes places resulting many people crossing the road gets injured. After the structure has been completed, the residents including the petitioners raised objections in Jan Chaupal meeting before the Collector regarding illegal constructions. The residents again made complaint before the Chief Municipal OfÏcer stating that they were unable to use the road due to illegal construction of private respondent. The Chief Municipal OfÏcer after receiving the complaint made by the residents and the petitioners, took cognizance and made an inquiry regarding illegal construction being carried out by the respondent No. 7, as a result it was found that the said respondent had encroached on the main road which belongs to government, therefore the Chief Municipal OfÏcer on 10.05.2024 issued notice to stop 4 the illegal construction with immediate effect. In the meanwhile the Patwari of the particular Khasra also submitted his report before the Tahsildar stating that the Patta which has been allotted to the respondent No. 7 and the construction which is being carried out by him are both on different location. Even after receiving the notice from the Chief Municipal OfÏcer, the respondent No. 7 carried out his construction, on account of which the Chief Municipal OfÏcer sent second notice to the private respondent to stop the illegal construction on 13.05.2024 but the respondent No. 7 did not pay any heeds to it. It has been pleaded that various authorities including the Collector and the respondent-CSPDCl had issued notices to the respondent No. 7 to stop the illegal construction but the same was not adhered to. 4 On 25.07.2024, this Court had issued notices to the respondent No. 7 and on the next date of hearing i.e. on 13.08.2024, Mr. Sumit Singh, learned counsel appeared on behalf of the respondent No. 7. On 12.08.2024, a covering memo was filed by the respondent No. 7 enclosing various documents which were basically the applications made to various authorities for conducting demarcation of the plot bearing Khasra No. 184/1. Vide his return dated 18.09.2024, the respondent No. 7 had submitted that the respondent No. 7 has not encroached upon any government land and the construction raised by him was well within the periphery of the lease granted to him. 5 The matter was listed on various dates viz. 09.09.2024, 18.09.2024, 16.01.2025, 29.01.2025, 20.02.2025. On 03.03.2025, learned counsel appearing for the respondent No. 7 had submitted that the encroachment had been removed with respect to the disputed land which was controverted and as such, the District Magistrate / Collector, was 5 directed to file his personal afÏdavit with respect to the encroachment made by the respondent No. 7. 6 Pursuant to the above direction, the Collector, Mohala-Manpur- Ambagarh Chowki has filed her afÏdavit, the relevant portion of which reads as under: “3. That, it is respectfully submitted that in compliance of the order passed by the Hon'ble Court the Tehsildar, Ambagarh Chowki, has submitted a report to the deponent herein stating that the excess construction of around 150.75 square feet has been removed. 4. That, it is respectfully submitted that in the letter dated 17.03.2025, the Tehsildar has further stated that there is no obstruction in the way and at present 15 feet road is available. Copy of the letter dated 17.03.2025 along with the photographs is being filed and annexed herewith as ANNEXURE R/10 for the kind reference of this Hon'ble Court.” 7 From perusal of the above afÏdavit, it is apparent that the encroachment made by the respondent No. 7 has been removed and the grievance raised by the petitioners in this petition stands redressed. 8 In view of the above, this petition stands disposed of. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) JUDGE CHIEF JUSTICE Amit AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2025.03.20 19:59:25 +0530