1 2025:CGHC:33982 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3745 of 2025 1 - Ramji Soni S/o Late Jhadu Ram Soni Aged About 55 Years R/o Village And Post Bundeli, Police Station And Tah. Chhuikhadan, District- Rajnandgaon, C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Chief Secretary, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Chhattisgarh. 2 - The Collector- Khairagarh-Chhuikhadan-Gandai (K.C.G.) Chhattisgarh. 3 - The Sub Divisional Officer (Revenue) Chhuikhadan, District- Khairagarh- Chhuikhadan-Gandai (K.C.G.) Chhattisgarh. 4 - The Tahsildar (Mokshada Dewangan) Chhuikhadan, District- Khairagarh- Chhuikhadan-Gandai (K.C.G.) Chhattisgarh. 5 - The Sarpanch Viii And Post Bundeli, Tah And Police Station Chhuikhadan, District- Khairagarh-Chhuikhadan-Gandai (K.C.G.) Chhattisgarh. 6 - The H S O, Police Station Chhuikhadan, District- Khairagarh- Chhuikhadan-Gandai (K.C.G.) Chhattisgarh. ----Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Love Kumar Ramteke, Advocate For Respondent-State : Mr. Anurag Tripathi, P.L. Hon’ble Shri Arvind Kumar Verma Order on Board 18/07/2025 1. The present writ petition has been filed by the petitioner seeking following relief(s):- 10.1 That, this Hon’ble Court may kindly be issued an appropriate writ in the quash Digitally signed by JYOTI JHA Date: 2025.07.21 11:02:25 +0530 2 impugned notice Annexure P/1 & P/2 dated 05.07.2025 7 10.07.2025 by the respondents. 10.2 That, this Hon’ble Court may kindly be please to direct the respondents No. 1 to 5 , further wrongful action be withheld. 10.3 That, this Hon’ble Court may kindly be pleased to grant and other relief or pass such other and further orders as may be deemed fit and proper in the facts and circumstances of the present case in the interest of justice. 2. The learned counsel for the petitioner submits that the petitioner was given a notice to remove encroachment by the then Sarpanch on 28th July 2020, on which the petitioner filed writ petition No. 1895/2020, this Court has granted interim protection in favour of the petitioner on 04.09.2020. Thereafter, again on 05.07.2020, a notice has been given to the petitioner regarding removal of encroachment by respondent No. 5 and again on 10.07.2025 a notice was issued to the petitioner for removal of encroachment. The petitioner has replied to the notice given by the Tehsildar on 11.07.2025. 3. Learned counsel for the petitioner further submits that the petitioner has not committed any encroachment nor taken any illegal possession. The respondent No. 5 is claiming as illegal possession to shop of the petitioner, however the petitioner has been paying fees and other charges of that shop. He prays for quashment of the impugned notices dated 05.07.2025 & 10.07.2025. 4. Learned counsel appearing for respondent opposed the submission made by the learned counsel for the petitioner. 5. I have heard learned counsel for the parties and perused the documents 6. Considering the facts and circumstance of the case, instead of keeping this petition pending, this Court finds it appropriate to dispose of the present petition with a direction to the petitioner to file an application for demarcation before the concerned authorities within 15 days from the date of receipt of copy of this order and thereafter the concerned respondent-authorities is directed to take necessary steps in getting the property of the petitioner duly 3 demarcated physically in the presence of the petitioner. Thereafter, if it is found that any encroachment has been made by the petitioner on the said land, the Tehsildar has right to proceed in accordance with the provision under Section 248(1) of Land Revenue Code. 7. With the aforesaid observation(s), and direction(s) the instant petition is hereby disposed of. Sd/- (Arvind Kumar Verma) Judge Jyoti