1 2025:CGHC:31095 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3328 of 2019  Prabhakar Singh S/o Shri Raghuwar Dayal Singh Aged About 41 Years R/o House No. 555, 556, Jailgaon Chowk, Ayodhyapuri, Police Station - Darri, Tehsil - Katghora District - Korba Chhattisgarh. ... Petitioner(s) versus 1. State Of Chhattisgarh Through Revenue Secretary, Mahanadi Bhawan, Naya Raipur Chhattisgarh. 2. Collector, Korba, District - Korba Chhattisgarh. 3. Tehsildar, Katghora, District Korba Chhattisgarh. 4. Commissioner, Nagar Nigam, Korba Chhattisgarh. ... Respondent(s) (Cause Title is taken from Case Information System) For Petitioner : Mr. Achyut Tiwari, Advocate For State : Mr. Vedant Shadangi, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 07. 07.2025 1. By way of this petition, the petitioner has sought the following relief(s):- “10.1 That, this Hon'ble Court may kindly be pleased to quash/set-aside the impugned notice dated 16/09/2019 issued by Respondent No.-03 Tehsildar, Katghora, District- Korba (CG) in "रा. प्र. क्र.-113/अ-68/2013. 14, ग्राम- गोपालपुर , प . ह . नं .-17, धारा 248 (1) छ.भ.रा. संहिहता, 1959" (Annexure-P/1). 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondents to do not dispossess petitioner and his family from the subject land. SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2025.07.08 10:23:42 +0530 2 10.3 That, this Hon'ble Court may kindly be pleased to direct the respondents to do not unnecessarily harass petitioner and his family. 10.4 That, this Hon'ble Court may kindly be pleased to direct the respondents to pay the cost of this petition along with advocate fee, as decided by this Hon'ble Court. 10.5 That, this Hon’ble Court may kindly be pleased to direct the respondents to pay compensation to petitioner as he was very much mentally disturbed. 10.6 That, this Hon’ble Court may kindly be pleased to grant any other relief, as it deems fit and appropriate.” 2. Learned counsel for the petitioner would submit that the petitioner is residing peacefully along with his family in a dwelling house constructed over survey No. 851/1 admeasuring 0.016 hectare out of 22.118 hectares situated at village Gopalpur, Ayodhyapuri, Tahsil Katghora, District Korba since 1980. He would further submit that the petitioner is paying revenue to Nagar Nigam regularly without any default. He would also submit that the Tahsildar, Katghora has issued an eviction notice to the petitioner on 16.09.2019. He would contend that though a proceeding under Section 248 of C.G. Land Revenue Code, 1959(for short “Code, 1959”) was initiated, but no final order was passed and the impugned eviction notice was issued. 3. On the other hand, learned counsel for the State would oppose. He would submit that the petitioner was an encroacher; therefore, a proceeding under Section 248 of Code, 1959 was initiated and the eviction notice was issued. He would contend that the instant petition deserves to be dismissed. 4. I have heard learned counsel appearing for the parties and perused the documents placed on the record. 3 5. Perusal of the order-sheets placed on record dated 28.02.2019 and 03.09.2019 would make it clear that though a show-cause notice was issued to the petitioner, but the final order in a proceeding initiated by the Tahsildar for the removal of encroachment was not passed and the eviction notice dated 16.06.2019 was issued according to the provisions of Section 248(1) of the Code,1959. 6. Taking into consideration the fact that no final order was passed by the Tahsildar in a proceeding initiated under the provisions of Section 248 of Code, 1959, the eviction notice is not sustainable in the eyes of law and is accordingly quashed. The Tahsildar would be at liberty to issue a fresh notice to the petitioner, and thereafter, conclude the proceedings initiated under Section 248 of the Code, 1959 after affording a due opportunity of hearing to the petitioner, strictly in accordance with the law. 7. Consequently, the instant petition is hereby allowed. Sd/- (Rakesh Mohan Pandey) Judge $iddhant