1 2025:CGHC:41712 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4386 of 2025 Gopal Lakhotiya S/o Chandratan Lakhotiya Aged About 52 Years R/o Village Khandsara, Police Station, Tahsil And District - Bemetara Chhattisgarh Mo. No. 9425502240 ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mahanadi Bhawan, Mantralaya, Nawa Raipur, Atal Nagar, Tahsil And District - Raipur Chhattisgarh 2 - Collector Bemetara, District Bemetara Chhattisgarh 3 - Tahsildar Dadhi, District Bemetara Chhattisgarh 4 - Birjhuram Jaiswal S/o Shri Sakharam Jaiswal Aged About 76 Years R/o Village Khandsara, Police Station, Tahsil And District Bemetara Chhattisgarh --- Respondent(s) ---------------------------------------------------------------------------------------- For Petitioner : Mr. Ratnesh Kumar Agrawal, Advocate For Respondent-State : Ms. Poorva Tiwari, PL --------------------------------------------------------------------------------------- Hon'ble Shri Arvind Kumar Verma, Judge Order on Board 19.08.2025 1. By way of this petition, the petitioner has sought following relief(s) : “10.1 That, this Hon’ble Court may kindly be pleased to call for entire records of the case, from the authorities. 2 10.2 That, this Hon'ble Court may kindly be please to direct to the respondent no. 3 to conclude the revenue case no. 202402231400042/A-68/2023-2024 between "Gopal Lakhotiya Vs. Birjhuram Jaiswal" within 01 month, is in the interest of justice. 10.3 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given. 2. Learned counsel for the petitioner contended that on 13.02.2024 petitioner prepared an application for restraining to respondent no. 4 for construction of the house upon the Government land situated at Village Khandsara, Tahsil- Dadhi, District Bemetara (C.G.) and another application prepared for removal of the encroachment of respondent no. 4 from the Government land, which application preferred before the respondent no. 3 on 23.02.2024 by petitioner. The respondent no. 3 registered the revenue case no. 202402231400042/A-68/2023-2024 between "Gopal Lakhotiya Vs. Birjhu Ram Jaiswal" on the basis of the aforesaid applications preferred by the petitioner, on 20.02.2024 concern Patwari reported to the respondent no. 3 that the respondent no. 4 started construction of house upon the part of the Government land bearing khasra no. 180 admeasuring area 28 x 25 = 700 sq.ft. On 23.02.2024, respondent no. 3 directed to the respondent no. 4 to do not construct the house upon the aforesaid encroached Government land. On 16.12.2024, concern Patwari again reported to the respondent no. 3 that the respondent no. 4 complete the construction of the house upon the 3 Government land bearing khasra no, 180 situated at Village Khandsara, Tahsil Dadhi, District -Bemetara (C.G.) and on the basis of the said report, respondent no. 3 directed to the respondent no. 4 to appear on 19.12.2024 and submit the reply. Respondent no. 3 failed to conclude the aforesaid revenue case after lapse of the 12 Years, due to the inaction and arbitrariness, resultantly respondent no. 4 benefited and petitioner suffering from access of the path way. The respondent no. 3 is the duty bound to remove the encroachment from the Government land, as per the provision of Section 248 of the Chhattisgarh Land Revenue Code and respondent no. 1 to 3 have duty bound to secure the Government property, but they failed due to the inaction and arbitrariness. Hence, this petition. 3. Learned State counsel submits that the concerned authorities are looking to the matter and the present case is pending before the concerned Tahsildar. 4. I have heard learned counsel for the parties at length and perused the documents with utmost circumspection. 5. Considering the facts and circumstances of the case and submission made by learned counsel for the parties, I have found that the concerned authorities are looking to the present case and the same is pending before the concerned Tahsildar for consideration, therefore, in the opinion of this Court there is no need to issue any direction to the respondent authority, therefore, in view of the considered opinion of this Court, no case is made out for any interference. 4 6. Accordingly, the petition being devoid of any merit is liable to be and is hereby dismissed. 7. With the aforesaid observation, the instant petition is disposed of. Sd/- (Arvind Kumar Verma) JUDGE Vasant