1 2025:CGHC:28363 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3256 of 2025 Smt. Manmati Gupta W/o Late Kritnarayan Aged About 83 Years R/o Guturma Ward No. 115, Savpara, Post Guturma District - Sarguja (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Health Department Of Health And Family Welfare Mahanaid Bhawan, Atal Nagar Nava Raipur District - Raipur (C.G.) 2 - The Collector Surguja District - Sarguja (C.G.) 3 - Sub Divisional Office (Revenue) Sitapur District - Sarguja (C.G.) 4 - The Tehsildar Sitapur District - Sarguja (C.G.) 5 - Pawan S/o Late Devnath Sao Aged About 40 Years R/o Gram Panchayat Sao Para, Main Road Guturma Tehsil Sitapur District Sarguja (C.G.) 6 - Vijay Gupta S/o Late Devnath Sao Aged About 40 Years R/o Gram Panchayat Sao Para, Main Road Guturma Tehsil Sitapur District - Sarguja (C.G.). ---- Respondents For Petitioner : Mr. Hemant Kesharwani, Advocate For State : Mr. Rishabh Bisen, PL 2 Hon'ble Shri Justice Arvind Kumar Verma Order on Board 27/06/2025 1. This writ petition has been filed by the petitioner on the following relief(s) : “10.1. That this Hon'ble Court may kindly be pleased to call for the entire records from the office of the respondents in respect of petitioner’s claim. 10.2. That, the Hon’ble court may kindly be pleased to issue direction for respondent authorities to initiate proceeding against the subject encroachment by respondents No.5 & 6. 10.3. The Hon’ble court may kindly be pleased to issue direction for respondent No.4 to ensure to compliance his demarcation memo dated 11.04.2025. 10.4. That, any other writ, order directions or relief which this Hon’ble Court may deem fit may kindly be passed in favour of the petitioner.” 2. Learned counsel for the petitioner contended that the private respondents, Pawan Gupta and Vinay Gupta, have illegally occupied government land (Khasra no. 675/1, Rakba 0.146 Hectare) 3 and are constructing a house for personal use. Such encroachment by private respondent on government land, deprives the villagers of their right to use the land of communal purposes. He further contended that the petitioner was filed writ petition WPC 1585/2025 before this Hon'ble court which has been disposed of directing Tehsildar to take action, however said revenue only call demarcation report from revenue inspector, he fail to execute self- order, the said respondent under influence of privet respondent not taking effective step for demarcation, it is respectfully submission that Section 248 of the Chhattisgarh Land Revenue Code, 1959, provides power to revenue authorities to removed unauthorized possession of government land and imposed punishment. Inaction of revenue authorities is in clear violation of statutory duty imposed by the law, it is generally the duty of the revenue authority to remove encroachments, particularly on government land. This duty often involves coordinating with other departments and taking actions like evicting encroachment and protecting government land. He further contended that despite of order passed by this Court till date no legal proceedings have been imitated under Section 248 A of the Chhattisgarh Land Revenue Code, 1959 against the individuals who have unlawfully encroached upon subject land. The petitioner and other villager made multiple complaint before the 4 revenue authorities but till date no any effective step was taken by competent authorities. 3. Learned State counsel opposes the submission made by learned counsel for the petitioner. 4. I have heard learned counsel for the parties and perused the record with utmost circumspection. 5. Considering facts of the case, submissions of counsel for the respective parties, this writ petition stands disposed of directing to the petitioner to approach before the concerned Tahsildar for redressal of her grievances and in-turn the concerned Tahsildar is directed to look into the matter of the petitioner and proceed the same in accordance with rules, regulations and law. 6. Accordingly, the instant petition stands disposed of. Sd/- (Arvind Kumar Verma) Judge Vasant