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2025 DAILYLAW 33997 (CHH)

BIJAY KUMAR AGRAWAL v. STATE OF CHHATTISGARH

WPC/3853/2022 · 2025-04-24

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:18642 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3853 of 2022 1 - Bijay Kumar Agrawal S/o Late Shri Satyanarayan Agrawal Aged About 52 Years R/o Devendra Nagar E - 96, Sector 5 , Raipur Distt. - Raipur, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary Department Of Revenue Mantralaya Mahanadi Bhawan Atal Nagar New Raipur Distt. - Raipur, Chhattisgarh. 2 - The Tehsildar Tehsil Patan District Durg Chhattisgarh. 3 - A.P. Joshi Sarpanch Village Kopedih (Kapsi) Tehsil Patan District Durg Chhattisgarh. 4 - Gram Panchayat Village Kopedih (Kapsi) Tehsil Patan District Durg Chhattisgarh Through Secretary Gram Panchayat Village Kopedih (Kapsi) Tehsil Patan District Durg Chhattisgarh. ... Respondent(s) Digitally signed by RAGHVENDRA JAT 2 For Petitioner(s) : Ms. Rakshita Mishra, Advocate on behalf of Mr. Avinash Chand Sahu, Advocate. For Respondent(s)/State : Ms. Anuja Sharma, Panel Lawyer. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 24/04/2025 1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to quash the impugned notice dated 08.08.2022 in interest of justice. 10.2 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the cost of the petition may be given.” 2. Learned counsel for the petitioner submits that a show cause notice dated 08.08.2022 has been issued by the Sarpanch, Gram Panchayat, Kopedih against the petitioner without having any authority. She further submits that an illegal construction of building has been encroached by one Sanjay Sonwani over the said land bearing Khasra No. 693. She further submits that she has made various complaints but no action has been taken. The Sarpanch, Gram Panchayat, Kopedih has issued a show cause 3 notice without having any authority which is illegal and arbitrary in manner. 3. On the other hand, learned counsel for the State opposes the same. 4. I have heard learned counsel for the parties and perused the material available on record. 5. From the perusal of impugned notice dated 08.08.2022, it seems that a show cause notice has been issued by the Sarpanch, Gram Panchayat, Kopedih and the petitioner was directed to file relevant documents in respect of his possession in the land bearing Khasra No. 693 against that this petition has been filed stating that the Sarpanch, Gram Panchayat, Kopedih is not having any power to issue such show cause notice. 6. Considering the facts and circumstances of the case, the petitioner is directed either to file reply to the said application or to file appropriate application before the concerned revenue authorities, if so desired. 7. With this observation and direction, the writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat