1 / 4 2025:CGHC:30873 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3481 of 2025 Urmila Bhagat W/o Shri Kamal Sai Bhagat Aged About 57 Years R/o Shanti Nagar, Ajirma Tehsil- Ambikapur, Distt- Sarguja, Chhattisgarh. ... Petitioner versus 1 - State of Chhattisgarh Through- The Secretary, Department of Department And Disaster Management, Mahanadi Bhawan, Atal Nagar, New Raipur, ( C.G.). 2 - The Collector District- Surguja, ( C.G. ). 3 - The Sub Divisional Officer ( Revenue ) Ambikapur, Dist- Sarguja ( C.G. ). 4 - The Tehsildar Ambikapur 2, District- Sarguja ( C.G. ). 5 - The Sarpanch Gram Panchayat, Ajirma Janpad Panchayat- Ambikapur, Dist- Sarguja, Chhattisgarh. 6 - The Secretary Gram Panchayat, Ajirma Janpad Panchayat- Ambikapur, Distt- Sarguja, Chhattisgarh. ... Respondents For Petitioner : Mr. Sudhanshu Upadhyay along with Mr. Sangeet Kumar Kushwaha, Advocate For State : Mr. Satish Gupta, GA (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.07.15 14:22:11 +0530 2 / 4 07/07/2025 1. The instant petition has been filed against the notice dated 26/06/2025 whereby Respondents No.4 & 5 have initiated a process of forceful removal of petitioner from the premises occupied by him. 2. Learned counsel for the petitioner contended that the petitioner has constructed a house about 50 years back over the subject land for her shelter and the petitioner along with her family members is residing without any hindrance. It is further contended that Respondent No.4 has initiated proceedings against the petitioner under Section 248 of the C.G. Land Revenue Code, 1959 and the petitioner has already been filed reply before the Tehsildar on 04th of April, 2025 also annexed documents. It is further contended that Respondents No.5 & 6 without any jurisdiction arbitrarily and in a mechanical manner demolished the boundary wall of the house of the petitioner on 28/06/2025 which would be evident from the photographs vide Annexure P/4. 3. Per contra, learned State counsel opposes the submissions made by learned counsel for the petitioner. 4. I have heard learned counsel for the parties at length and perused the documents with utmost circumspection. 5. Perusal of the record reveals that the petitioner is the encroacher of land bearing Khasra No.903 & 904 admeasuring 0.026 hectares & 0.04 hectares, respectively, which is a government land and is reserved for Ajirma Abadi Center. 3 / 4 6. Section 56 of the C.G. Panchayat Raj Adhiniyam, 1993 reads as under:- 56. Hindrances, obstructions and encroachment upon public streets and open sites. (1) Whoever within the Gram Panchayat area causes any hindrance, obstruction or encroachment over any public street or open site or upon any drain in such street,- (a) by building or setting up any wall, fence, rail, post, stall, verandah, platform, plinth, step or any other structure; or (b) without written permission of the Gram Panchayat or contrary to the conditions mentioned in such permission by putting up any verandah, balcony, room or other structure so as to project over any public street or upon any drain in such street; or (c) by unauthorisedly removing earth, sand or other material from any site; or (d) by unauthorisedly cultivating any grazing or other land, may be punished with fine, which may extend to one thousand and in case of continuing offense with further fine which may extend to twenty rupees for every day during which such encroachment, obstructions or projection continues after the date of first conviction for such offense. (2) Notwithstanding anything contained in sub- section (1), the Gram Panchayat shall have power to remove any such obstruction or encroachment and to remove any crop unauthorisedly cultivated on grazing or any other land not being private property and shall have the like power to remove any unauthorised obstruction or encroachment or projection of the like nature in any open site not being private property, whether such site is vested in Gram Panchayat or not and the expenses of such removal shall be paid by the person who has caused the said encroachment and on failure to pay such expenses the same may be recovered from such person as an arrear of land revenue ; Provided that notwithstanding anything contained in sub-section (1) and this sub-section if the Gram Panchayat resolves to remove any 4 / 4 hindrances, obstruction or encroachment on any land vested in the State Government it may refer to the Tehsildar to remove such hindrances, obstruction or encroachment from such land and the Tehsildar shall proceed to do so under the provisions of the Chhattisgarh Land Revenue Code, 1959 (No. 20 of 1959). xxx xxx xxx xxx xxx xxx xxx xxx xxx 7. From perusal of the provisions of Section 56 of the Adhiniyam, 1993 it is crystal clear that the Tehsildar has already initiated proceedings under Section 248 of the Code, 1959 against the petitioner, therefore, the Sarpanch has no right to issue notice to the petitioner. Accordingly, the notice dated 26/06/2025 is hereby quashed. It is directed that the Tehsildar shall proceed in accordance with law and before demolition 15 days notice would be given to the petitioner. 8. With the aforesaid observation, the writ petition stands disposed of. SD/- SD/- (Arvind Kumar Verma) JUDGE ashu