1 2025:CGHC:17954 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3256 of 2020  Smt. Rama Tamboli W/o Late Nageshwar Tamboli Aged About 39 Years R/o Ward No. 10, Sant Ravidas Ward Nawagarh, Tahsil Nawagarh, District Bemetara Chhattisgarh. (As Per Honble Court Order Dated 04- 04-2025) ... Petitioner(s) versus 1. State Of Chhattisgarh Through Secretary Urban Administration And Development , Indravati Bhavan, Block C , Fourt Floor, Naya Raipur , District Raipur Chhattisgarh. 2. Municipal Council Nawagarh, Through Chief Municipal Officer, Nawagarh Chhattisgarh, District Bemetara Chhattisgarh. 3. Sub Divisional Officer (R) Nawagarh, District Bemetara Chhattisgarh. 4. Tahsildar Nawagarh, District Bemetara Chhattisgarh. 5. Officer Incharge Police Station Nawagarh, District Bemetara Chhattisgarh 6. Sub Divisional Officer Water Resource Department , Sub Division Nawagarh, District Bemetara Chhattisgarh. ... Respondent(s) For Petitioner : Mr. Devesh G. Kela, Advocate For State : Mr. Topilal Bareth, P.L. For Respondent No. 2 : Mr. Shantam Awasthi, Advocate on behalf of Mr. Jitendra Pali, Advocate 2 Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 21-04-2025 1) Petitioner has filed this petition assailing the notice issued by the Sub Divisional Officer- Water Resource Department, Sub-Division Nawagarh, District- Bemetara i.e. respondent No. 6 dated 21.01.2020 and the order issued by Chief Municipal Officer, Nawagarh i.e. respondent No. 2 dated 08.12.2020 whereby petitioner has been directed to remove his possession from the subject land. 2) Learned counsel for the petitioner submits that parcel of land situated over Khasra No. 774 of Village Nawagarh, P.H. No. 8, Tehsil- Nawagarh, District- Durg ad-measuring 30 x 15 feet was allotted by the Sarpanch of Gram Panchayat, Nawagarh on 15.05.1997 to the petitioner and he is running a hotel on the subject land. He contends that a resolution was passed by the Nagar Panchayat, Nawagarh on 27.07.2018 in favor of the petitioner in this regard. He argues that without initiating any proceeding under Section 248 of the Chhattisgarh Land Revenue Code, 1959, order impugned has been passed by the respondent No. 6. He prays to allow this petition and set-aside the order impugned. 3) On the other hand, learned counsel appearing on behalf of respective respondents oppose. They submit that petitioner has no right over the subject land because it is a government land. They further submit that neither Gram Panchayat, Nawagarh nor Nagar Panchayat, Nawagarh has the authority of law to allot government land to the petitioner. They pray that this petition deserves to be dismissed. 4) Heard learned counsel for the parties and perused the documents 3 available on record. 5) Perusal of the documents would show that the parcel of land situated over Khasra No. 774 of Village Nawagarh, P.H. No. 8, Tehsil- Nawagarh, District- Durg ad-measuring 30 x 15 feet was allotted to the petitioner by the Gram Panchayat, Nawagarh on 15.05.1997. After formation of Nagar Panchayat, Nawagarh, a resolution was passed in favor of the petitioner on 27.07.2018. Respondent No. 6 with intent to widen the canal, directed the petitioner to remove his possession vide notice dated 21.01.2020. Thereafter, respondent No. 2 also issued notice to remove the possession on 08.12.2020. 6) Admittedly, petitioner has no right over the subject land as it is government land but at the same time, respondent No. 2 issued the order/ notice for removal of possession without initiating any proceeding in accordance with the Code, 1959 which appears to be erroneous. 7) Taking into consideration the above-discussed facts, orders/ notices dated 21.01.2020 and 08.12.2020 are hereby quashed. However, respondent authorities would be at liberty to initiate proceeding for removal of possession strictly in accordance with law, if so advised. 8) Accordingly, the instant writ petition stands disposed of. Sd/- (Rakesh Mohan Pandey) JUDGE Ajinkya