1 2025:CGHC:31517 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3504 of 2025 Dhaniram Gond S/o Manau Gond Aged About 61 Years R/o Soni Mohalla, Banakdih, Tahsil And District Bilaspur C.G. ... Petitioner versus 1 - State Of Chhattisgarh Through The Collector, District Bilaspur C.G. 2 - Sub Divisional Officer (Rev) Bilaspur, District Bilaspur C.G. 3 - Additional Tahsildar, Bilaspur C.G. 4 - Chief Executive Officer, Janpad Panchayat, Bilha, Distt. Bilaspur C.G. 5 - Halka Patwari No. 42, Mauza Banakdih, R.I. Div. Sirgitti, Tehsil And District Bilaspur C.G. 6 - The Station House Officer, Police Station Sirgitti, District Bilaspur C.G. ---- Respondents For Petitioner : Mr. Syed Afaque Hussain Rizvi, Advocate For State : Ms. Akanksha Verma Dabhadker, PL Hon'ble Shri Justice Arvind Kumar Verma Order on Board VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.07.09 17:11:59 +0530 2 09/07/2025 Heard. 1. The petitioner has been filed this writ petition on the following relief(s) : “10.1. 10.1) Issue a writ of certiorari or any other appropriate writ, order, or direction, quashing the Impugned Order dated 30/06/2025, issued by the respondent No. 3 (Annexure P-1). (10.2) Issue a writ of mandamus or any other appropriate writ, order, or direction, restraining the Respondents from interfering with the Petitioner's peaceful possession and construction work on land Khasra No. 48, area 0.632 hectare, Mauza Banakdih, P.C. No. 42, Tehsil and District Bilaspur (C.G.), without following due process of law. (10.3) Pass any other and further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, alongwith cost of the instant litigation, in the interest of justice and equity.” 2. Learned counsel appearing for petitioner contended that the subject matter of the present petition relates to the arbitrary and illegal stopping of construction work being carried out by the Petitioner on his residential plot, which he has been occupying and residing on for the past 40 years, by constructing a house. The 3 impugned order, issued by the respondent No. 3 alleges illegal encroachment on Govt.land (Khasra No.48, area 0.632 hectare (16.2sq.ftx16.5sqft.) Mauza Banakdih, P.C. No. 42). This order is despite the undeniable fact that the Petitioner has been in continuous, peaceful, and open possession of the said land for four decades, with an electricity connection for about 15 years, and is a beneficiary of the Pradhan Mantri Awas Yojana-Gramin (PMAY- G) with sanctioned financial assistance from the Government of India for housing construction on the very same land by the respondent No. 4 CEO, Janpad Panchayat, Bilha, District Bilaspur (C.G.). He further contended that the petitioner belongs to scheduled tribes category, he is a landless person and there is no alternate residence of the petitioner, therefore, it may be directed to the competent authorities to provide any other residence under the Rehabilitation Policy. 3. Learned State Counsel submits that the petitioner may be directed to submit the representation before the concerned Tahsildar and the Tahsildar shall consider and decide the same in accordance with law. 4. I have heard learned counsel for the parties and perused the material available on record. 4 5. Considering the facts and circumstances of the case and submission made by learned counsel for the parties, at this stage this petition is disposed of permitting to the petitioner to submit a representation before the concerned Tahsildar by raising his all grievances and in-turn the concerned Tahsildar is directed that after giving sufficient opportunity of hearing to the petitioner, he consider and decide the said representation of the petitioner as expeditiously as possible, in accordance with relevant rules, regulations and law. 6. Accordingly, the present writ petition is disposed of. Sd/- (Arvind Kumar Verma) Judge Vasant