1 2025:CGHC:15424 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3122 of 2019 1 - Rajendra Thakur S/o Late Chandrabhan Singh Aged About 50 Years R/o Village Tarri, Tahsil Abhanpur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 2 - Ashish Gupta S/o Dinesh Gupta Aged About 39 Years R/o Village Tarri, Tahsil Abhanpur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 3 - Ankit Sharma S/o Gaucharan Sharma Aged About 27 Years R/o Village Tarri, Tahsil Abhanpur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 4 - Kiran Sahu W/o Yogesh Sahu Aged About 28 Years R/o Village Tarri, Tahsil Abhanpur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 5 - Girish Tiwari S/o Rudranarayan Tiwari Aged About 29 Years R/o Village Tarri, Tahsil Abhanpur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 6 - Meena Nagesh W/o Lomesh Nagesh Aged About 30 Years R/o Village Tarri, Tahsil Abhanpur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 7 - Krishna Kumar Soni S/o Jholu Soni Aged About 55 Years R/o Village Tarri, Tahsil Abhanpur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 8 - Khilawan Singh Thakur S/o Jholu Soni Aged About 62 Years R/o Village Tarri, Tahsil Abhanpur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh SMT NIRMALA RAO -2- 9 - Chetan Sahu S/o Bhagiram Sahu Aged About 30 Years R/o Village Tarri, Tahsil Abhanpur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 10 - Afjal Rizvi S/o Mohammad Akbar Khan Aged About 39 Years R/o Village Tarri, Tahsil Abhanpur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 11 - Bhupendra Kumar Shrivas Shri Narayan Shrivas Aged About 32 Years R/o Village Tarri, Tahsil Abhanpur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 12 - Channuram Sahu S/o Motiram Aged About 55 Years R/o Village Tarri, Tahsil Abhanpur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 13 - Yuvdhan Prasad Pandey S/o Budhram Prasad Pandey Aged About 65 Years R/o Village Tarri, Tahsil Abhanpur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 14 - Rambharosh Sahu S/o Late Kheduram Sahu Aged About 63 Years R/o Village Tarri, Tahsil Abhanpur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh. ... ... Petitioners Versus 1 - State Of Chhattisgarh Through The Secretary, Revenue Department, Mahanandi Bhawan, Mantralaya, Atal Nagar, Naya Raipur District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 2 - Collector Raipur District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 3 - Sub Divisional Officer Abhanpur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 4 - Chief Executive Officer Janpad Panchayat Abhanpur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 5 - Naib Tahsildar Gobra Nawapara, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 6 - Sarpanch Gram Panchayat Tarri, Tahsil Abhanpur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh ---- Respondents 3 For Petitioners : Shri Awadh Tripathi, Advocate. For Respondent/State : Shri Prateek Tiwari, P.L. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 02.04.2025 1. Heard on admission. 2. The petitioners have filed this petition seeking the following relief(s):- “10.1 That, the respondent Sarpanch may kindly be directed first to comply the order/memo of the S.D.O. as well as Additional Tahsildar and initiate proceeding for rehabilitation if it is possible in some other place otherwise continue the petitioners for residing in the place where they have been duly constructed their house. 10.2 That, the respondent Sarpanch may kindly be restrained for initiating the proceeding for removal of encroachment till subsequent memo and order of his official superior could be passed. 10.3 That, any other relief which this Hon'ble Court deems fit and proper may also kindly be granted to the petitioner in the interest of justice along with cost of the petition.” 3. Learned counsel for the petitioners would argue that permission was granted by the Sub-Divisional Officer (Revenue) to construct houses on government land. He would further submit that the -4- petitioners have been residing there for 40-50 years and the Sarpanch of the Gram Panchayat Tarri has issued show-cause notices on 13.2.2019 for the removal of encroachment. He would contend that the notices were issued contrary to the permission granted by the Sub-Divisional Officer (Revenue). 4. On the other hand, learned counsel for the State would submit that any notice, order or resolution passed or issued by the Gram Panchayat is appealable according to Rule 3 of the Chhattisgarh Panchayat (Appeal and Revision) Rules, 1995 before the Sub Divisional Officer (Revenue). Therefore, this petition is not maintainable. 5. Heard learned counsel appearing for the respective parties and perused the documents present on the record. 6. Taking into consideration the fact that there is an efficacious alternative remedy to prefer an appeal against the show-cause notice/order issued by the Gram Panchayat before the Sub- Divisional Officer (Revenue) according to the provisions of Rule 3 of the Rules, 1995, in the opinion of this Court, this petition is not maintainable. The petitioners would be at liberty to prefer an appeal before the Sub-Divisional Officer within a period of 30 days from today along with an application(s) for the grant of stay. In turn, the concerned authority is directed to decide the application for the grant of stay within a period of 60 days. The interim order 5 granted earlier shall remain in force for a period of 90 days. 7. With the aforesaid observation(s), the petition is disposed of at the admission stage itself. Sd/- (Rakesh Mohan Pandey) Judge Nimmi