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2025 DAILYLAW 37152 (CHH)

Smt. Bela Dhankar v. STATE OF CHHATTISGARH

WPC/3462/2019 · 2025-03-28

Shri Rakesh Mohan Pandey

Public Interest Litigationbody2025

Judgment text

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1 2025:CGHC:15102 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3462 of 2019 1 - Smt. Bela Dhankar W/o Shri Manglu Ram Dhankar, R/o Chantidih Bilaspur, Tahsil And District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh ... Petitioner Versus 1 - State Of Chhattisgarh Through The Secretary Revenue Department, Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 2 - Collector Bilaspur, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh 3 - Sub Divisional Officer Bilaspur, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh 4 - Tahsildar Bilaspur, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh 5 - Shri Naveen Jha R/o Shivam Vihar Khamtari, Bilaspur, Tahsil And District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh ---- Respondents For Petitioner : None. For Respondent/State : Shri Topilal Bareth, P.L. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 28.03.2025 SMT NIRMALA RAO -2- 1. None appears on behalf of the petitioner even when the case is taken up for hearing in the second round. 2. Heard on admission. 3. The petitioner has filed this petition seeking the following relief(s):- “10.1 That, the Hon'ble Court may kindly be pleased to issue an appropriate writ, order or direction to the respondent no. 1 to 4, to remove/demolish the illegal encroachment of respondent no.5 in the government land/road. 10.2 That, the Hon'ble Court may kindly be pleased to call for the record relating to petitioner's matter. 10.3 Any other relief, which this Hon'ble Court may deem fit and proper according to the facts and circumstances of the case along with the cost of the petitioner.” 4. It appears that the petitioner made a complaint before the Revenue Authorities for the removal of illegal encroachment over the government land bearing Survey No.874/2(ग), admeasuring 3330 sq. ft. situated at village Khamtarai, Patwari Circle No. 25, Tahsil and District Bilaspur, but no action has been taken. The petitioner has a remedy to move an application under Section 248 or 250 of the Chhattisgarh Land Revenue Code before the concerned Tehsildar. In this writ petition, exercising power under Article 226 of the Constitution of India, no direction can be issued 3 when an efficacious alternative remedy is available. 5. Taking into consideration the above-stated facts, I am not inclined to entertain this petition. 6. Accordingly, this petition is dismissed at the admission stage itself. Sd/- (Rakesh Mohan Pandey) Judge Nimmi