1 2025:CGHC:44945 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4755 of 2025 1 - Kamla Bai Miri W/o Late Shri Ramadhar Miri, Aged About 57 Years R/o Village Kothari Tahsil Barpali District Korba (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary Revenue Department Chhattisgarh, Atal Nagar, District Raipur (C.G.) 2 - Tahsildar Barpali, District Korba (C.G.) 3 - The Collector Korba, District - Korba (C.G.) 4 - The Sub Divisional Officer (Revenue) Korba, District Korba (C.G.) 5 - The Secretary Gram Panchayat Kothari, Janpad Panchayat Kartala District Korba (C.G.) 6 - The Sarpanch Gram Panchayat Kothari, Janpad Panchayat Kartala District Korba (C.G.) ... Respondents For Petitioner : Shri Shikhar Agnihotri, Advocate For State : Shri Satish Gupta, Government Advocate Digitally signed by GOPAL SINGH Date: 2025.09.10 15:45:45 +0530 2 Hon’ble Shri Justice Arvind Kumar Verma Order on Board 03/09/2025 1. With the consent of learned counsel for the parties, the matter is heard finally. 2. The instant petition has been preferred against the impugned notice dated 25.08.2025 (Annexure P1) as well as the arbitrary action of the respondent authorities that respondents No.5 and 6 taking the basis of the order dated 18/01/2023 passed by respondent No.2/Tahsildar, Barpali, District Korba regarding eviction in the year 2023, have not taken any action since past 2.5 years and suddenly on 25.08.2025 without giving any notice and without presence of any Revenue Officer, said respondents No.5 and 6 Gram Panchayat Kothari demolished the government Gram Sevak Bhawan which was situated in front of the petitioner's residential house along with the goods of the petitioner and other persons kept there by using JCB vehicle number No.CG 10 AR 9180 and thereafter respondents No.5 and 6 Gram Panchayat Kothari were trying to demolish the residence of the petitioner. When the petitioner opposed this, respondents No.5 and 6 threatened her. The petitioner has been living her life by building a residential house on the roadside during her husband's lifetime. The husband of the petitioner passed away on 14.11.2017. The petitioner is a 57 years old woman and is suffering from asthma. She lives alone in the residential house 3 built on government land bearing Khasra No.145 and 146 area 0.259, 3.365 hectare situated at Village Kothari, Halka No.11 which comes under Gram Panchayat Kothari and she is in possession of the aforesaid property since past 20 years. When the petitioner strongly opposed the demolition by the said respondents on the said date, respondents No.5 and 6 and the persons accompanying them forcibly pushed her away from there. When the petitioner asked for the order regarding demolition of the house, no notice/order was shown by them and the Gram Sevak Bhawan situated in front of the house of the petitioner was forcibly demolished on 25.08.2025 and the respondents gave the petitioner a notice of demolition of her house on 26.08.2025. Respondents No.5 and 6 threatened to demolish the said house of the petitioner by misusing their positions. Apart from the petitioner, other persons have also built houses on the said government land and occupied it, but no action has been taken against them and respondents No.5 and 6 due to some personal grudge against the petitioner, without following the proper procedure of law, has targeted the house of the petitioner. Thus, due to some personal grudge against the petitioner, respondents No.5 and 6 were trying to demolish the said house of the petitioner on the garb of proposal regarding some construction on the aforesaid land, but, the respondents also failed to show any such proposal and no such proposal has been passed. The petitioner has filed a representation before the Collector, Korba on 28.08.2025 regarding the aforesaid 4 issue and after filing of the representation respondent No.4/Sub-Divisional Officer (Revenue), Korba has called on the phone of the petitioner and threatened her that if she does not vacate the aforesaid property in 2 days then he will straightaway demolish her house. The respondent authorities without following the due procedure of law, in an arbitrary manner, are harassing the petitioner, who is an old widow and lives alone in the aforesaid house. 3. The petitioner has sought following reliefs in this petition: “10.1. That, the Hon'ble Court may kindly allow the petition and quash the impugned notice dated 25.08.2025 (ANNEXURE P/1) and impugned order dated 18.01.2023 (ANNEXURE P/3) and direct the respondent authorities to not demolish the residential house of the petitioner and to not take any coercive steps against the petitioner. 10.2. Any other relief which deemed fit and proper may also be issued looking to the facts and circumstances of the case and looking to the interest of the petitioner.” 4. Learned counsel for the petitioner submitted that it is a rainy season, therefore, some time may be granted to the petitioner to vacate the premises and till then no coercive steps be taken against her. In support of his prayer, he relied upon राजस्व पुस्तक परिरपत्र के खण्ड चार-कमांक 2: 5 “82. वर्षाा काल में हटाना : म.प्र. शासन भू-परिरमाप एवं बंदोबस्त विवभाग कमांक 22-27-8-76, भोपाल विदनांक 1-9-76 विव. नजूल भूविम पर अतितक्रमणों को वर्षााकाल में हटाये जाने बाबत्- (1) यविद वैकल्पि0पक स्थ k न देना संभव नहीं है तो उसके द्वारा अतितक्रमण को वर्षााकाल में नहीं हटाना चाविहये। (2) इसी वर्षा अतितक्रमण विकया हो उन्हें वर्षााकाल समाप्त होने तक नहीं हटाना चाविहये। (3) गुमविटयाँ, ठेले ओर व्यावसातियक अस्थाई अतितक्रमण भी वैकल्पि0पक स्थ k न उपलब्ध कराये जाने तक नहीं हटाना चाविहये।" 5. Learned counsel for the State contended that the petitioner herself has admitted in the petition that she lives in the house constructed on the government land. There is no sale deed in her favour. She is an encroacher of the government land and, therefore, a direction needs to be issued to her to vacate the premises within a stipulated period. 6. I have heard learned counsel for the parties and perused the material available including the impugned notice with due care. 7. Considering the facts and circumstances of the case, particularly, the fact that the petitioner is an old lady and there is nobody to take care of her and also considering the prayer made by learned counsel on her behalf that 6 monsoon/rainy season is going-on, this writ petition is disposed of directing the petitioner to vacate the premises/land in question within 60 days from today and till then no coercive steps shall be taken against her. If she does not vacate the premises within the stipulated period, the concerned authority may take appropriate action in accordance with law. Sd/- (Arvind Kumar Verma) JUDGE Gopal