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2025 DAILYLAW 38617 (CHH)

GOPAL PRASAD ANANT v. STATE OF CHHATTISGARH

WPC/4162/2025 · 2025-08-04

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:38677 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4162 of 2025 1 - Gopal Prasad Anant S/o Shri Firatu Anant Aged About 60 Years Caste Satnami R/o Village Lendhra Chhote, Tahsil Sarangarh, District : Sarangarh-Bilaigarh, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Revenue, Mahanadi Bhawan, Mantralaya, Atal Nagar, New Raipur, District : Raipur, Chhattisgarh 2 - Head Conservator Of Forest Forest Division Raipur, Atal Nagar, New Raipur, District : Raipur, Chhattisgarh 3 - Collector Sarangarh, District : Sarangarh-Bilaigarh, Chhattisgarh 4 - Sub Divisional Officer (Revenue) Sarangarh, District : Sarangarh- Bilaigarh, Chhattisgarh 5 - Tahsildar / Nailb Tahsildar Tahsil Kosir, District : Sarangarh-Bilaigarh, Chhattisgarh 6 - Concerned Patwari Halka No. 12 R/o Village Lendhra Chhote, Tahsil Sarangarh, District : Sarangarh-Bilaigarh, Chhattisgarh 7 - Divisional Forest Officer Forest Division Sarangarh, District : Sarangarh- Bilaigarh, Chhattisgarh 8 - Sub Divisional Forest Officer Forest Range Sarangarh, District : Sarangarh-Bilaigarh, Chhattisgarh 9 - Ambika Devi Sahu W/o Hemlal Sahu Sarpanch, Of Gram Panchayat Lendhra Chhote, Tahsil Sarangarh, District : Sarangarh-Bilaigarh, Chhattisgarh 10 - Vyasnarayan Sahu S/o Hemlal Sahu Working As Teacher At Govt. Middle School Bardula R/o Gram Panchayat Lendhra Chhote, Tahsil Sarangarh, District : Sarangarh-Bilaigarh, Chhattisgarh Digitally signed by JYOTI JHA Date: 2025.08.06 10:52:04 +0530 2 ----Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Udho Ram Koshaley, Advocate For State : Ms. Poorva Tiwari, P.L. Hon’ble Shri Arvind Kumar Verma, Judge Order on Board 05/08/2025 1. By way of this petition, the petitioner is being aggrieved with the inaction on the part of the respondent authorities whereby the respondent authorities have not taken any action on several complaints of the petitioner against the private respondents No. 9 & 10 for trying to illegal encroachment of the petitioner’s possession land till today. 2. Learned counsel for the petitioner submits that the petitioner is permanent resident of resident of village Lendhra Chhote, Tahsil Sarangarh, District Sarangarh-Bilaigarh Chhattisgarh and the petitioner has peacefully in possession over the subject land and enjoying for cultivating trees and also constructed pond and fixed many trees upon his respectively possession land for survival and livelihood of his whole family members since 40-50 years without any complaint. The respondents no. 9 & 10 have forcefully encroached over the possession land and damaged the property of 100 trees and pond of the petitioner, without any permission of the higher authorities without and any recommendation, which is completely illegal and against the law, due to this, the petitioner has great losses. 3. Learned counsel for the petitioner submits that the petitioner has 3 moved many complaints to the concerned authorities against the unauthorized private respondents no. 9 & 10 for illegal encroachment over the subject land but the respondent authorities has not taken any action upon complaint of the petitioner till today, due to this petitioner is being harassed and facing very difficulties to peaceful possession and cultivating trees over the peacefully possession land. Therefore he prays for a direction to the respondent authorities to take appropriate legal action upon the complaint of the petitioner. 4. Learned counsel for respondents that there is dispute between the petitioner and private respondent No. 9 & 10 and there is an alternative remedy is available to petitioner to file a civil suit. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the submission of the respondents and considering the facts and circumstances of the case, this Court is of the opinion that there is dispute between the petitioner and private respondents No. 9 & 10 which can be redressed before a civil Court, therefore there is an alternative remedy is available to the petitioner to file a civil suit. 7. Accordingly, the present writ petition stands disposed of. Sd/- (Arvind Kumar Verma) Judge Jyoti