1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3436 of 2022 1 - Kailash Chandra Sahu S/o Lalji Sahu Aged About 57 Years Resident Of Village Belmundi, Post Sakarra, Tahsil Takhatpur, District Bilaspur Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Revenue And Disaster Management Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh. 2 - Collector, Bilaspur District Bilaspur Chhattisgarh. 3 - Sub Divisional Officer, Revenue Takhatpur, District Bilaspur Chhattisgarh. 4 - Tahsildar, Sakari, District Bilaspur C.G. 5 - Sarpanch, Gram Panchayat Belmundi, Post Sakarra, Tahsil Takhatpur, District Bilaspur Chhattisgarh. 6 - Ram Kumar Kaushik S/o Shri Budhram Kaushik, Aged About 48 Years Presently Sarpanch Gram Panchayat Belmundi, Post Sakarra, Tehsil Takhatpur, District Bilaspur Chhattisgarh. ... Respondent(s) For Petitioner : Ms. Prachi Singh, Advocate For State : Mr. Satish Gupta, Government Advocate For Resp. No. 5 & 6 : Mr. Syed Afaque Hussain Rizvi, Advocate SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 02/04/2025 1. Petitioner has filed this writ petition seeking following reliefs :- “10.1 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to not to disturb peaceful possession of the petitioner over the said piece of land. 10.2 That, any appropriate writ, direction or order may also kindly be passed in favour of the petitioner, which this Hon'ble court deems fit in the circumstances of the case. Digitally signed by SHAYNA KADRI 2 10.3 That, this Hon'ble Court may kindly be pleased to direct the respondent no. 5 and respondent no. 6 to pay adequate compensation to the petitioner for the loss suffered by them on account of demolition of the house of the petitioner.” 2. Facts of the case, in a nutshell, are that petitioner and his family member are residing in the house bearing khasra No. 373 area 0.03 situated at Belmundi, Post Sakarra, Tashil Takhatpur, District Bilaspur (C.G.). Respondent No. 5 commenced demolition of houses and superstructures belonging to villagers, including the petitioner, residing in the locality without serving prior notice or affording them an opportunity to be heard. Respondent No. 5 lacks the authority to demolish or remove any houses or superstructures, including the house of petitioner. 3. Learned counsel for the petitioner submits that petitioner is in possession of the land in dispute bearing khasra No. 373 area 0.03 situated at Belmundi, Post Sakarra, Tashil Takhatpur, District Bilaspur (C.G.) since last 30 years and has constructed a house upon the same. He has taken electricity connection over the said land, names of family members of petitioner are also appearing in voter list and ration card has also been taken on the basis of possession of said land, as such, action on the part of the respondents authorities while removing the possession of petitioner is illegal and arbitrary. Huge amount has been invested in constructing the said house, however, the said fact has not been considered. It is further contention of learned counsel for petitioner that petitioner has already moved representation / application for settlement of the said land while granting patta / lease, which is still 3 pending for consideration before the Collector. She submits that, at this stage, representation / application filed by petitioner for grant of patta / lease may be directed to be considered and till then, respondent – authorities may be directed not to take any coercive step against the petitioner. 4. On the other hand learned State counsel would submit that petitioner is an encroacher of the Government land, as such, no leniency can be given to them. 5. Considering facts and circumstances of the case, in particular, the fact that petitioner along with his family members are residing upon the land in question and he has moved a representation / application for grant of patta / lease of the said land, as such, petitioner is directed to move fresh representation / application along with copy of this order within a period of 20 working days before the the concerned Collector and, in turn, the concerned Collector is directed to consider and decide the representation / application of petitioner expeditiously, in accordance with law. Till then, no coercive steps shall be taken against the petitioner. Sd/- (Amitendra Kishore Prasad) Shayna JUDGE