1 2025:CGHC:29731 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3344 of 2025 Islahul Muslemeen Shiksha Samiti Through Its President/ Sadar Hasan Khan S/o Shri Sher Khan, 38 Mahant Para, Ward No. 3, Shivrinarayan, Tahsil Shivrinarayan District Janjgir- Champa Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Town Administration And Development, Atal Nagar, Mahanadi Bhawan, Mantralaya, Naya Raipur, Tahsil And District Raipur Chhattisgarh 2 - Secretary Department Of Revenue Atal Nagar, Mahanadi Bhawan, Mantralaya, Naya Raipur, Tahsil And District Raipur Chhattisgarh 3 - Collector Janjgir-Champa, Tahsil And District Janjgir-Champa, Chhattisgarh 4 - Sub Divisional Officer (Revenue) Shivrinarayan Zila Janjgir-Champa, Chhattisgarh 5 - Tahsildar Shivrinarayan Zila Janjgir-Champa, Chhattisgarh 6 - Chief Municipal Officer Nagar Panchayat Shivrinarayan Zila Janjgir-Champa, Chhattisgarh ... Respondent(s) For Petitioner : Mr. Saleem Kazi , Advocate For State : Mr. Satish Gupta, Govt. Advocate Hon’ble Shri Justice Arvind Kumar Verma Order on Board 02.07.2025 1. By way of this petition the petitioner is seeking for the following relief:- “a. This Hon’ble cour may kindly be pleased to call entire records fo the case for its kind perusal. b. This Hon’ble Court may kindly be pleased to quash 2 the order dated 12.06.2025 passed by the Respondent no. 6 as the same is illegal, unconstitutional and discriminatory. c. This Hon’ble Court may kindly issue suitable direction to the respondent authorities to make allotment of the land presently in possession of the petitioner institution or at any other suitable place as the community has no place of worship and to cater education to their children. d. Any other relief that this Hon’ble Court may deem fit in this matter.” 2. Learned counsel for the petitioner submitted that the order dated 12.06.2025 passed by the respondent no. 6 is in violation of petitioner institution’s fundamental rights guaranteed under Article 14,16,19 and 25 of the Constitution of India. The petitioner institution is in possession of the land and has been catering eduction to the community’s children and also performing their obligatory prayers since 2012 and therefore, the petitioner institution has gained right over the land. He submits that the petitioner institution has been submitting representation since 2012 to various authorities including the Collector, Sub Divisional Officer (Revenue), Tahsildar and the Chief Municipal Officer, Nagar Panchayat Shivrinarayan. 3. Learned counsel for the State opposes the relief sought by the petitioner in the present petition. 4. Heard learned counsel for the respective parties and perused the record with rapt attention. 5. Considering the facts and circumstances of the case as well as after perusing the record available, it is admitted fact that the respondent no. 6 has issued notice on 12th June, 2025 regarding illegal encroachment by the petitioner on the said Govt. land and also instructed him to vacate the premises within seven days. It is admitted by the learned counsel for the petitioner that petitioner is an encroacher of Govt. land. In this regard respondent no. 6 has already been issued notice to the petitioner. 3 Therefore, this court is of the considered opinion that the petitioner should participate in the proceedings. Therefore, the first relief sought by the petitioner cannot be entertained. So far as the second relief sought by the petitioner which is to issue suitable direction to the respondent authorities to make allotment of the land presently in possession of the petitioner institution or at any other suitable place as the community has no place of worship and to cater education to their children. In this regard, it is an admitted fact that the petitioner has already made a representation before the respondent no. 3, 4 and 6 for allotment of existing of land or any other land for the purpose of worship of people of the community. 6. Therefore, this court directs the respondent no. 3, 4 and 5 to decide the representation made by the petitioner in accordance with law. 7. With the aforesaid direction, the instant petition stands disposed of. sd/- (Arvind Kumar Verma) JUDGE alfiza