Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:27002
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1 of 2021 Laxmi Narayan Tandan S/o Shri Sntram Tandan Aged About 54 Years R/o Village- Bhnesar (Jayaramnagar), Thana And Tahsil Masturi District Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Departyment Of Revenue, Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, Chhattisgarh, District : Raipur, Chhattisgarh. 2 - The Commissioner Revenue Division Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh. 3 - District Collector Bilaspur District- Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh. 4 - Sub Division Officer (Revenue) Masturi- Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh. 5 - Tahsildar Masturi District Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh. Digitally signed by NADIM MOHLE
2 6 - Station House Officer Thana- Masturi, Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Avinash Mishra, Advocate, holding the brief of Mr. Neeraj Choubey, Advocate For State : Mr. Prateek Tiwari, Panel Lawyer
Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 23.06.2025 1) The petitioner has filed this petition seeking the following relief(s):-
“10.1 That, this Hon'ble Court may kindly be please to issue a writ (s)/ order (s) /direction (s) against the respondent authorities for taking the necessary steps for removing the encroachment from the government land. 10.2 That, the Hon'ble High Court may kindly be pleases to direct the respondent authority to take the action upon the complaint of the petitioner and further take the action against the encroachers in according with law. 10.3 Any other relief/relief's, which this Hon'ble Court may think fit and proper in the facts and circumstances of the case, with cost of the petition, may also please be granted to the petitioner.” 2) Learned counsel for the petitioner submits that some individuals have encroached upon government land, and despite several complaints made before the revenue authorities, no steps have been taken till date; thus, he prays for issuance of a direction to the respondent authorities to take necessary action in accordance with law. 3) Learned State counsel opposes the submission made by counsel for the petitioner. 4) Taking into consideration the fact that the petitioner has not impleaded the alleged encroachers as party respondents.
Further, the petitioner
3 has an efficacious alternative remedy under Section 248 of the Chhattisgarh Land Revenue Code, 1959 (for short, CGLRC, 1959), by moving an application before the concerned Tehsildar for removal of encroachment on government land. Hence, the present petition is not maintainable. 5) However, the petitioner would be at liberty to avail the remedy available under Section 248 of the CGLRC, 1959. If such an application is moved, the concerned authority is directed to consider it in accordance with law and pass appropriate orders. 6) The petition stands disposed of at the admission stage. Sd/- (Rakesh Mohan Pandey) Judge Nadim