1 2025:CGHC:19661 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3264 of 2020  Anand Kumar @ Munna Tamboli S/o Shri Mahadev Tamboli Aged About 60 Years R/o Ward No. 10, Sant Ravidas Ward Nawagarh, Tahsil- Nawagarh, District- Bemetara (Chhattisgarh), District : Bemetara, Chhattisgarh ... Petitioner(s) versus 1. State Of Chhattisgarh Through- Secretary Urban Administration And Development, Indravati Bhavan, Block D, Fourth Floor, Naya Raipur, District- Raipur (Chhattisgarh), 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), District : Bemetara, Chhattisgarh 4. Tahsildar Nawagarh, District- Bemetara (Chhattisgarh), District : Bemetara, Chhattisgarh 5. Revenue Inspector Nawagarh, Tahsil- Nawagarh, District- Bemetara (Chhattisgarh), District : Bemetara, Chhattisgarh 6. Officer Incharge Police Station- Nawagarh, District- Bemetara (Chhattisgarh), District : Bemetara, Chhattisgarh 7. Sub Divisional Officer Water Resource Department, Sub Division Nawagarh, District- Bemetara (Chhattisgarh), District : Bemetara, Chhattisgarh ... Respondent(s) For Petitioner : Mr. Kripesh G. Kela, Advocate For State : Mr. Topilal Bareth, P.L. For Respondent No. 2 : Ms. Hamida Siddiqui, Advocate 2 Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 30-04-2025 1) Petitioner has filed this petition assailing the notice 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. 397/1 of Village Nawagarh, P.H. No. 8, Tehsil- Nawagarh, District-Durg ad-measuring 10 x 12 feet was allotted by the Sarpanch of Gram Panchayat, Nawagarh on 16.10.1996 to the petitioner and he is running a betel shop on the subject land. 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. 2. 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 available on record. 5) Perusal of the documents would show that the parcel of land situated over Khasra No. 397/1 of Village Nawagarh, P.H. No. 8, Tehsil Nawagarh, District- Durg ad-measuring 10 x 12 feet was allotted to the 3 petitioner by the Gram Panchayat, Nawagarh on 16.10.1996. Respondent authorities with intent to widen the canal, directed the petitioner to remove his possession vide notice dated 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, order/notice dated 08.12.2020 is 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