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2025:CGHC:37199
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4002 of 2025 Hari Singh S/o Leda Aged About 70 Years Cast Khairwar, R/o Village Chaki. P.S. And Tahsil Ramanujganj District - Balrampur - Ramanujganj (C.G.)
... Petitioner versus 1 - State of Chhattisgarh Through The Secretary, Department of Forest Mahanadi Bhawan, New Raipur District - Raipur (C.G.) 2 - The Secretary, Department Of Revenue Mahanadi Bhawan New Raipur District - Raipur (C.G.) 3 - The Collector Balrampur District - Balrampur - Ramanujganj (C.G.) 4 - The Tahsildar Ramanujganj District - Balrampur - Ramanujganj (C.G.) 5 - Divisional Forest Officer Balrampur District - Balrampur - Ramanujganj (C.G.) 6 - The Forest Range Officer Forest Range Vijaynagar, District - Balrampur - Ramanujganj (C.G.) 7 - Range Assistant Forest Range Vijaynagar, District - Balrampur - Ramanujganj (C.G.)
... Respondents For Petitioner : Mr. A.N. Pandey, Advocate For State : Mr. Anurag Tripathi, PL
(Hon’ble Shri Justice Arvind Kumar Verma)
Order on Board 30/07/2025
1. The instant writ petition under Article 226 of the Constitution of India has been filed challenging the legality and validity of the order dated 03/07/2025 (Annexure P/1) issued by Respondent No.7 whereby the eviction notice has been issued to the petitioner and the petitioner has been directed to vacate the land bearing Compartment ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.07.31 10:56:44 +0530
2 / 3 No.P-3461 situated at Village-Chaki, Forest Range-Vijaynagar, C.G. treating the petitioner as encroacher of the subject land despite the fact that no demarcation has been carried out.
2. By way of the instant petition, the petitioner has prayed for the following reliefs:- 10.1 That, this Hon’ble court may kindly be pleased to set aside of the impugned order dated 03.07.2025 issued by the respondent no.7 ANNEXURE P/1. 10.2 That, this Hon’ble Court may kindly be pleased restrain the respondent authorities to not dispossessed the petitioner from the subject land and not disturb the peaceful possession of the petitioner from the subject land. 10.3 Any other relief or reliefs may also be granted to the petitioner which this Hon’ble court deems fit and proper in the facts and circumstances of the case.
3. The grievance of the petitioner is that the land bearing Khasra No.622, area 2.0200 hectare situated at village Chaki and the subject land is the ancestral property of the petitioner and the name of the father of the petitioner was settled in the revenue record as he is in possession of the said land before 1945 and the petitioner has constructed a residential house over the said land and is residing with his family but due to mistake in the map the said land has been shown as Forest land, therefore, the respondent authorities have issued the impugned order and despite having filed the reply by the petitioner, the respondents have not considered the same and
directed vacate the subject land and not to cultivate the said land without there being any demarcation or any reason.
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4. Per contra, learned State counsel opposes the submissions made by
learned counsel for the petitioner and would submit that some overwriting exists in the entry of the revenue records, therefore, the instant petition deserves to be dismissed.
5. I have heard learned counsel for the parties at length and perused the documents with utmost circumspection.
6. Considering the submission of the petitioner that the petitioner has filed the documents which shows that the petitioner is the lease holder of the land in question and the name of the petitioner is also entered in the revenue records. In such eventuality, at this juncture the respondent authorities are directed to get the land demarcated whose patta has been issued in favour of the petitioner. Before the demarcation/identification of the property of the petitioner, the petitioner shall not be disturbed from the peaceful possession of the said property and no coercive action shall be taken against the petitioner.
7. With the aforesaid direction/observation, the writ petition accordingly stands disposed of.
SD/- SD/- SD/- (Arvind Kumar Verma)
JUDGE ashu