1 2025:CGHC:42025 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 4461 of 2025 1 - Gram Panchayat Mudtarai (Ashrit Gram Panchayat Jenjra) Janpad Panchayat- Fingeshwar, Dist. Gariyaband C.G. Through The Adhyaksh Gram Samiti Mudhtarai/komal Verma, S/o Jhumuk Lal Verma, Aged About 51 Years, R/o Kopra, Vill- Mudtarai, Tah. Rajim, Dist. Gariaband C.G. 2 - Bodhan Yadu S/o Lt. Manharan Yadu Aged About 36 Years R/o Kopra, Vill- Mudtarai, Tah. Rajim, Dist. Gariaband C.G. 3 - Pramod Kumar Sahu S/o Lt. Anand Ram Sahu Aged About 47 Years R/o Kopra, Vill- Mudtarai, Tah. Rajim, Dist. Gariaband C.G. 4 - Narayan Verma S/o Late Chhotu Ram Verma Aged About 44 Years R/o Kopra, Vill- Mudtarai, Tah. Rajim, Dist. Gariaband C.G. 5 - Lalita Sahu W/o Ashok Kumar Sahu Aged About 36 Years R/o Kopra, Vill- Mudtarai, Tah. Rajim, Dist. Gariaband C.G. 6 - Nomeshwari Dhruv W/o Santosh Kumar Dhruv Aged About 36 Years R/o Kopra, Vill- Mudtarai, Tah. Rajim, Dist. Gariaband C.G. 7 - Purnima Dhruv W/o Tikeshwar Dhruv Aged About 35 Years R/o Kopra, Vill- Mudtarai, Tah. Rajim, Dist. Gariaband C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of General Administration, Mahanadi Bhawan, New Mantralaya, Atal Nagar, New Raipur C.G. 2 - The Secretary, Department Of Revenue, Indravati Bhavan, New Mantralaya, Atal Nagar, New Raipur C.G. 2 3 - The Collector, Dist. Gariyaband C.G. 4 - The Sub-Divisional Officer (Revenue) Rajim, Dist. Gariyaband C.G. 5 - The Tahsildar, Tah. Rajim, Office Sitting At Lok Seva Kendra, Rajim, Dist. Gariyaband C.G. 493885. 6 - The Superintendent Of Police (S.P.) Dist. Gariyaband C.G. 7 - The Station House Officer (S H O) P.S. Panduka, Dist. Gariyaband C.G. 8 - Babulal Dhruv S/o Seva Ram Aged About 55 Years R/o Vill Mudtarai, Tah. Rajim, Dist. Gariyaband C.G. 9 - Mukesh Dhruv S/o Kapoor Singh Aged About 36 Years R/o Vill Mudtarai, Tah. Rajim, Dist. Gariyaband C.G. 10 - Suraj Dhruv S/o Bishesh Singh Aged About 52 Years R/o Vill Mudtarai, Tah. Rajim, Dist. Gariyaband C.G. 11 - Santosh Dhruv S/o Bishesh Singh Aged About 48 Years R/o Vill Mudtarai, Tah. Rajim, Dist. Gariyaband C.G. ---- Respondents For Petitioners : Ms. Anamika Jain, Advocate For State : Ms. Upasana Mehta, Dy. GA Hon'ble Shri Justice Arvind Kumar Verma Order on Board 20/08/2025 1. The present writ petition has been filed by the petitioners with the following relief(s) : “10.1 That this Hon'ble High Court may kindly be pleased to direct the concerned respondent authorities to provide assistance to petitioners in removing the the Panchayat and encroachment on the property in 3 question and to hand over possession to the petitioners within a specified timeline, in accordance with the order passed in their favor. 10.2 That, the petitioner prays that this Hon'ble High Court may further be pleased to issue an appropriate writ, order, or direction to the respondent authorities to take immediate action against the persons who, being hand in gloves with the private Respondents had only proceeded on papers. 10.3 That, the petitioners also pray for an order directing the concerned authorities to take strict action against the Private Respondents for their continued unlawful occupation of the property. 10.4 That, this Hon'ble High Court may kindly be pleased to Stay the operation and execution of any orders or proceedings, including the appeal filed by the private respondents under Section 44 of the CGLRC, before the Court of Commissioner, Dist. Raipur (C.G.), pending the final disposal of this writ petition. 10.5 That any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the cost of the petition may be given” 2. Learned counsel appearing for the petitioner submits that the petitioners in WPC No. 86/2025 filed a writ petition before this Hon'ble High Court seeking a directive to the official respondents to take necessary action to remove encroachments by private respondents on the grassland of Village Mudtarai, Tahsil Rajim, District Gariyaband. The Court, after hearing the parties, directed the Collector of Gariyaband to investigate the matter and ensure the removal of encroachments within 30 days, affording all parties an opportunity to be heard. Subsequently, the private respondents filed a review petition 4 contending that certain facts, including the pendency of a civil suit and revenue records, were suppressed in the original petition. The Court, upon consideration, modified its earlier order to acknowledge the pending civil suit and directed the Collector to provide a fair opportunity to all affected parties before making a decision within a further 30 days. Following this, the Collector ordered the removal of the private respondents' names from the revenue records and officially recorded the land as grazing land. Despite the issuance of this order over three months ago, the private respondents have not vacated the land; instead, they are cultivating crops, which complicates removal efforts. That the authorities and private respondents, acting in collusion, have only taken procedural steps without actual possession transfer. 3. Learned State counsel opposes the submission made by counsel for the petitioner and contended that the proceedings of the case is going on, therefore, this petition not maintainable. 4. I have heard learned counsel for the parties and perused the documents with utmost circumspection. 5. Taking into consideration the fact that the relief which has been sought by the petitioner cannot be granted in exercise of writ jurisdiction, the respondent No.3 – Collector, Gariyaband (C.G.) has rightly passed the order on 25.04.2025 (Annexure P-2) and the judicial proceedings of 5 the case are going on, therefore, in view of the considered opinion of this Court, no case is made out for any interference. 6. Accordingly, the petition being devoid of any merit is liable to be and is hereby dismissed. Sd/- (Arvind Kumar Verma) Judge Vasant