1 2025:CGHC:32904 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3641 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 Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through - Secretary, Department Of Revenue, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District - Raipur Chhattisgarh 2 - Tehsildar Ahiwara, District - Durg Chhattisgarh 3 - Sub Divisional Officer (Revenue) Bhilai-3, District - Durg Chhattisgarh 4 - Collector Durg District - Durg Chhattisgarh 5 - Shrinivas Chinna S/o L. Beera Swami R/o Balaji Motors, Teen Batti Chowk, Near Bharat Petroleum Nandini Township, Tehsil - Ahiwara, District - Durg Chhattisgarh ----Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Priyank Rathi, Advocate For Respondent-State : Mr. Risabh Bisen, P.L. along with Ms. Nupur Trivedi, P.L. Hon’ble Shri Arvind Kumar Verma Order on Board 15/07/2025 1. The present writ petition has been filed for the following relief(s):- 10.1 That this Hon’ble Court may kindly be pleased to issue an appropriate writ, order, or direction, directing the respondent authorities to forthwith implement and execute the order dated 28.06.2024 passed by the Tehsildar, Ahiwara under Section 248(1) of the Chhattisgarh Land Revenue Code, 1959, for removal of Digitally signed by JYOTI JHA Date: 2025.07.17 11:09:31 +0530 2 illegal encroachment and unauthorized construction by respondent No. 5 on government land bearing Khasra No. 135, and to restore the land of its original condition; 10.2 That this Hon’ble Court may kindly be pleased to issue a writ, order or direction, commanding the respondent authorities to ensure restoration of the petitioner’s access path to his bearing Khasra No. 119/2, which has been obstructed due to the said illegal construction. 10.3 That this Hon’ble Court may kindly be pleased to issue a writ, order, or direction, directing the respondent authorities to take appropriate legal action against respondent No. 5 for disobedience of the stay order dated 21.03.2024 and for willfully raising construction in violation thereof. 10.4 Pass such other and further order 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 an application before the Tehsildar, Ahiwara, stating that a piece of land bearing Khasra No. 119/2, admeasuring 0.140 hectare (15064 sq. ft.), is duly registered in the name of his wife Raishree Upadhyay and is a diverted plot. It was further stated that respondent no. 5 has illegally encroached upon the government land and is raising construction thereon, which land has been historically used as an access path to the petitioner's plot. Due to such unauthorized encroachment and construction by respondent no. 5, the access path to the petitioner's plot stands completely obstructed. Acting upon the petitioner's application, a revenue case bearing No. 202403104000103/ब-121/2023-24 was registered before the Tehsildar, Ahiwara, and vide order dated 28.06.2024, an order was passed against respondent no. 5 under Section 248(1) of the Chhattisgarh Land Revenue Code, 1959, the Tehsildar directed the removal of the illegal encroachment and construction raised by respondent no. 5 over government land situated in Patwari Halka No. 8, bearing piece of Khasra No. 135, and directed that the land be restored to its original 3 condition. 3. Learned counsel for the petitioner submits that thereafter the respondent no. 5 has preferred an appeal against the order dated 28.06.2024 of Tehsildar before SDO Bhiali-3, however the aforesaid appeal of respondent no. 5 has been dismissed for want of prosecution on 13.12.2024. The dismissal order of SDO has not been challenged further and the order dated 28.06.2024 having attained finality, the concerned respondent authorities have failed to execute and implement the said order. Consequently, the petitioner submitted a representation-cum-reminder to the Sub-Divisional Officer (Revenue), Bhilai-3, District Durg, Chhattisgarh, on 02.06.2025 However, despite several efforts made by the petitioner, the illegal construction raised by respondent no. 5 has not been removed. Therefore, he seeks appropriate directions for enforcement of the lawful order dated 28.06.2024 and for restoration of his right to access his lawful property. 4. 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 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the submission of the respondents and considering the facts 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 4 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. 7. Accordingly, the present writ petition stands disposed of. Sd/- (Arvind Kumar Verma) Judge Jyoti