1 2025:CGHC:2119 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 170 of 2025 1 Nemuk Marar S/o Fulel Marar Aged About 52 Years R/o Ward No. 12, Village And Tahsil- Sahaspur Lohara, District- Kabirdham (Chhattisgarh) ... Petitioner(s) versus 1 State Of Chhattisgarh Through Collector, Kabirdham, District- Kabirdham (Chhattisgarh) 2 Sub Divisional Officer (Revenue) Sahaspur Lohara, District- Kabirdham (Chhattisgarh) 3 Tahsildar Sahaspur Lohara, Distict- Kabirdham (Chhattisgarh) 4 Rohit Verma S/o Gautar Verma Aged About 45 Years R/o Ward No. 12, Sahaspur Lohara, Tahsil- Sahaspur Lohara, District- Kabirdham (Chhattisgarh) 5 Raj Verma S/o Gautar Verma Aged About 42 Years R/o Ward No. 12, Sahaspur Lohara, Tahsil- Sahaspur Lohara, District- Kabirdham (Chhattisgarh) ... Respondent(s) For Petitioner(s) : Shri Vaibhav A. Goverdhan, Advocate For Respondent(s) / State : Ms. Nupoor Sonkar, P.L. 2 Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 14/01/2025 Heard. 1. Learned counsel for the petitioner submits that respondents No. 4 & 5 by encroaching upon the government land bearing Khasra No. 778/2 situated at village Sahaspur Lohara, District Kabirdham are raising certain construction over the said land. He further submits that the petitioner has moved an application under Section 248 of C.G. Land Revenue Code, 1959 before the Tahsildar, Sahaspur, Lohara, District Kabirdham vide Annexure P-2 in the month of September in which the Tahsildar has passed an interim order directing the respondents No. 4 & 5 not to construct over the land in question. However, the Tahsildar is not proceeding in the application under Section 248 of C.G. Land Revenue Code thereafter and the respondents No. 4 & 5 are still raising construction over the said land. He further submits that though the said fact has been brought before the revenue Officers including the Collector and the SDO, still no action is being taken against Respondents No. 4 & 5. He further prays that the application pending under Section 248 of the C.G. Land Revenue Code before the Tahsildar for removal of encroachment be directed to be decided within a stipulated period. 2. Learned State counsel submits that as the application is still pending before the Tahsildar, the same shall be decided, according to law within stipulated period. 3. I have heard learned counsel for the parties and perused the documents filed along with the petition. 4. Perusal of the pleadings and records annexed in the petition shows that the petitioner has moved an application under Section 248 of C.G. Land Revenue Code before Tahsildar and the Tahsildar taking cognizance of the 3 same has passed an interim order staying the construction over the said land by respondents No. 4 & 5, however without obeying the interim order respondents No. 4 & 5 are still continuing with the construction over the government land. It is further brought to the notice that the said fact has been brought before the Revenue Authorities including the Collector and the SDO, however, no action has been taken. Further, it appears that no final order has been passed in the application filed under Section 248 of the C.G. Land Revenue Code pending before the Tahsildar. Considering the same, it is directed that the pending application before Tahsildar be decided within a period of 30 days from the date of receipt of a copy of this order and the Collector is also directed to look into the matter about the unauthorized construction as stated by the petitioner and take appropriate action according to the law. 5. With the aforesaid observation, the petition stands disposed off. Sd/- (Bibhu Datta Guru) JUDGE Jyoti