1 2025:CGHC:33609 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3715 of 2025 1 - Naveesh Upadhyay S/o Shatrudhan Prasad Upadhyay Aged About 48 Years R/o Manya Keshari Highway Dhaba, Pathariya Chowk, Tehsil- Ahiwara, District- Durg (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- Secretary, Department Of Revenue, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District- Raipur (C.G.) 2 - Tehsildar Ahiwara District- Durg (C.G.) 3 - Sub Divisional Officer (Revenue) Bhilai-3 District- Durg (C.G.) 4 - Collector Durg District- Durg (C.G.) 5 - Niranjan Gupta S/o Ramsharan Gupta, R/o Nandini Nagar Ahiwara, Tehsil- Ahiwara, District- Durg (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Premshankar Yadav, Advocate For Respondent(s) : Ms. Nupur Trivedi, Panel Lawyer Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 17/07/2025 1. By way of the present, the petitioner has prayed for the following reliefs: “10.1 Issue an appropriate writ, order, or direction, directing the respondent 2 authorities to forthwith implement and execute the final order dated 09.07.2024 passed by the Tehsildar, Ahirwara, under Section 248(1) of C.G. Land Revenue Code, 1959 and ensure removal of the illegal encroachment and unauthorized construction (tyre shop) raised by respondent no. 5 on government land bearing Khasra No. 135; 10.2 Direct the respondent authorities to take necessary steps for restoration of the access path to the petitioner’s land bearing Khasra No. 119/1 & 119/2, which stands obstructed due to the said illegal encroachment and construction; 10.3 Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondent authorities to comply with the eviction warrants dated 09.07.2024 and 23.08.2024 issued by the Tehsildar, Ahiwara against respondent no. 5; 10.4 Pass such other and further orders as may be deemed just and proper in the facts and circumstances of the case, in the interest of justice.” 2. Learned counsel for the petitioner submits that the petitioner submitted a representation to the Sub-Divisional Officer (SDO), Dhamdha, District- Durg (C.G.) stating that he and his wife has a registered diverted plot bearing Khasra No. 119/1 and 119/2 in their name and on the way to their plot the respondent no. 5 has done illegal encroachment and raised 3 unauthorized construction on government land. Due to such encroachment, the petitioner has been facing substantial hardship, as the access path to his private property stands completely obstructed. Acting on the said representation, the SDO Dhamdha directed the Tehsildar Ahiwara to look into the matter and on direction of the SDO Dhamdha, the Tehsildar, Ahiwara issued a direction to the Halka Patwari of the concerned area to conduct a site inspection and prepare a spot report (Panchnama). Pursuant to the said direction, the Halka Patwari No. 8 conducted an inspection on 15.04.2024 and prepared a detailed Panchnama confirming the illegal encroachment and unauthorized construction by respondent no. 5 on the government land. Based on this Panchnama, a revenue case bearing no. 20230410400064/अ-68/2022-23 was registered against respondent no. 5. Being aggrieved, the respondent no. 5 has preferred an appeal before SDO Bhilai-3 which was registered as revenue case no. 202409104300056/अ-68/2023-24, however the same was dismissed for want of prosecution on 13.12.2024. Consequently, the petitioner submitted a representation-cum-reminder to the Tehsildar Ahiwara and SDO (R), Bhilai-3, District- Durg, C.G. on 02.06.2025. 3. On the other hand, learned State counsel submits on instruction that the respondent No. 2 has given time to the respondent No. 5 to remove the illegal encroachment on the government land till 22.07.2025 and if the illegal encroachment is not removed, the respondent authorities may take appropriate action under Section 248(1) of the Chhattisgarh Land Revenue Code, 1959. 4. Considering the submission of the respondents and considering the facts 4 and circumstances of the case, this Court finds it appropriate to dispose of the present writ petition, as the respondent No. 2 Tehsildar has already taken steps against the respondent No. 5 and he has directed to the respondent No. 5 to remove the illegal encroachment on the government land till 22.07.2025. If the illegal encroachment is not removed by the respondent No. 5, the respondent- authorities are free to take appropriate action against the respondent No. 5 as per Section 248(1) of the Chhattisgarh Land Revenue Code, 1959 and in accordance with law. 5. Accordingly, the present writ petition stands disposed of. Sd/- (Arvind Kumar Verma) JUDGE Madhurima