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2025 DAILYLAW 37055 (CHH)

SATISH SHARMA v. STATE OF CHHATTISGARH

WPC/4001/2025 · 2025-07-29

Shri Arvind Kumar Verma

body2025

Judgment text

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1 / 4 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 4001 of 2025 1 - Satish Sharma S/o. Late Balram Prasad Sharma Aged About 58 Years Caste Brahmin (Panch), R/o. Village Mendra, District Bilaspur (Chhattisgarh) 2 - Raghuwanshmani Khairwar, S/o. Late Shri Lalaram Khairwar, Aged About 72 Years R/o. Village Mendra, District Bilaspur (Chhattisgarh) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mantralaya, Naya Raipur (Chhattisgarh) 2 - Collector, District Bilaspur (Chhattisgarh) 3 - Commissioner, Bilaspur Division, Bilaspur (Chhattisgarh) 4 - Tehsildar, Sakri, District Bilaspur (Chhattisgarh) 5 - Smt. Rahibai Kaushik, W/o. Gitaram Kaushik, Panch Ward No. 08, Gram Panchayat Mendra, R/o Village Mendra, Tehsil Sakri, District Bilaspur (Chhattisgarh) 6 - Smt. Rajani Kaushik, W/o Chandrabhan Kaushik, Rojgar Sahayak, Gram Panchayat Mendra, R/o Village Mendra, Tehsil Sakri, District Bilaspur (Chhattisgarh) 7 - Geetaram Kaushik S/o Late Ghunari Kaushik, R/o Village Mendra, Tehsil Sakri, District Bilaspur (Chhattisgarh) 8 - Chandrabhan Kaushik, S/o Gitaram Kaushik R/o Village Mendra, Tehsil Sakri, District Bilaspur (Chhattisgarh) 9 - Kushwa Kaushik, S/o Gitaram Kaushik R/o Village Mendra, Tehsil Sakri, District Bilaspur (Chhattisgarh) VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.07.30 16:58:43 +0530 2 / 4 10 - Jitendra Kaushik, S/o Gitaram Kaushik R/o Village Mendra, Tehsil Sakri, District Bilaspur (Chhattisgarh) 11 - Sanjay Kaushik, S/o Gitaram Kaushik R/o Village Mendra, Tehsil Sakri, District Bilaspur (Chhattisgarh) ---- Respondents For Petitioners : Mr. Syed Afaque Hussain Rizvi, Advocate For State : Ms. Nupur Trivedi, PL Hon'ble Shri Justice Arvind Kumar Verma Order on Board 30/07/2025 Heard. 1. The petitioner has been filed this writ petition on the following relief(s) : “10.1 Issue a Writ of Mandamus or any other appropriate writ, order, or direction, directing Respondent Nos. 2 to 4 to immediately take all necessary steps to remove the illegal encroachment and demolish the unauthorized construction carried by Respondent Nos. 5 to 11 on Govt.land bearing Khasra No. 705/1 in Mauja Mendra, Tehsil Sakri, District Bilaspur (C.G.) within a strict time-bound manner. 10.2 Pass any other order or direction that this Hon'ble Court may deem fit and proper in the interest of justice and equity.” 2. Counsel for the petitioner contended that the instant petition is filed only for a limited relief seeking issuance of an appropriate writ, order, 3 / 4 or direction, particularly in the nature of Mandamus, against the inaction of the Respondent authorities in removing the illegal encroachment and preventing further illegal construction by Respondent Nos. 5 to 11 on Government land. Petitioners submitted representation/complaints before the respondents No. 2 to 4 on 24.01.2025 (Annexure P-2), but of no avail. 3. Counsel for the State not opposes the limited prayer made by counsel for the petitioner. 4. I have heard learned counsel for the parties and perused the record with utmost circumspection. 5. Considering the facts and circumstances of the case and submission made by learned counsel for the parties, at this stage this petition stands disposed of with direction to Respondents No. 2 to 4 to consider and decide the representation/complaint made by the petitioners dated on 24.01.2025 (Annexure P-2) after providing opportunity of hearing to the petitioner, as early as possible in accordance with rules, regulations and law. 6. It is made clear that this Court has not expressed any opinion on the merits of the case and the authorities shall not be prejudiced by any observation made by this Court and shall decide the case of the petitioner on its own merits. 4 / 4 7. With the aforesaid observations & directions, the writ petition stands disposed of. Sd/- (Arvind Kumar Verma) Judge Vasant