1 2025:CGHC:36037 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3874 of 2025 1 - Gadadhar Gupta S/o Tularam Gupta, Aged About 80 Years R/o Village - Sariya, Tahsil - Sariya, District - Sarangarh - Bilaigarh (C.G.) ... Petitioner(s) versus 1 - The State Of Chhattisgarh Through The Secretary, Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur (C.G.) 2 - The Collector, District - Sarangarh - Bilaigarh (C.G.) 3 - The Sub-Divisional Officer, Sarangarh, District - Sarangarh - Bilaigarh (C.G.) 4 - The Tahsildar, Tahsil - Sariya, District - Sarangarh - Bilaigarh (C.G.) 5 - The Municipal Council, Sariya Through - It's Chief Executive Officer, Municipal Council, Sariya, District - Sarangarh - Bilaigarh (C.G.) 6 - Dayasagar S/o Shri Duryodhan Aged About 50 Years R/o Village - Kombo, Block - Amabhauna, Tahsil - Bhathali, District - Bargarh (Odisha) 7 - Vikram Gupta S/o Shri Gadadhar Gupta, Aged About 42 Years R/o Village - Sariya, Tahsil -Sariya, District - Sarangarh - Bilaigarh (C.G.) ----Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Roop Ram Naik, Advocate For Respondent : Mr. Soumitra Kesharwani, P.L. Hon’ble Shri Arvind Kumar Verma, Judge Order on Board 25/07/2025 Digitally signed by JYOTI JHA Date: 2025.08.01 17:28:33 +0530 2 1. With the consent of the parties, the matter is heard finally. 2. Learned counsel for the petitioner submits that the petitioner is aggrieved by the inaction of the respondent State authority whereby the respondent No. 5 Municipal Council Sariya is not taking any further action to remove the encroachment against the respondent No. 6 & 7 whom are constructing the house over the land bearing Khasra No. 780/2 area 0.151 hectare and also they have encroached the government land. The above action on the respondents No. 6 & 7 is against the section 187 & 223 of the Chhattisgarh Municipalities Act 1961. The respondents No. 6 & 7 are constructing the house over the questioned land which has not been diverted to its original nature from agriculture land to residential or commercial purpose. The respondent No. 5 has issued a notice to the petitioner on 01.04.2025 with respect of illegal construction and the petitioner submitted reply thereafter no any further action has been taken to restrain and demolish the illegal construction. 3. Learned counsel for respondents submits that with regard to the grievance of the petitioner, there is an alternative remedy is available to petitioner to file application under Section 250 of CG Land Revenue Code 1959. 4. I have heard learned counsel for the parties and perused the material available on record. 5. Considering the submission of the respondents and considering the facts and circumstances of the case, this Court is of the 3 opinion that there is an alternative remedy is available to the petitioner under Section 250 of the CG Land Revenue Code 1959. If the petitioner files application under Section 250 of CG Land Revenue Code before the concerned authorities and in turn the respondent-authorities shall decide the same as expeditiously as possible in accordance with law. 6. Accordingly, the present writ petition stands disposed of. SD/- (Arvind Kumar Verma) Judge Jyoti