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2025 DAILYLAW 43523 (CHH)

SATISH SHARMA v. STATE OF CHHATTISGARH

WPC/5012/2025 · 2025-09-21

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:48479 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5012 of 2025 1 - Satish Sharma S/o Late Balram Prasad Shastri Aged About 68 Years R/o Village Mendra, Tehsil Sakri, Distt. Bilaspur, Chhattisgarh. 2 - Raghuwanshmadhi Khairwar S/o Late Lalaram Khairwar Aged About 74 Years R/o Village Mendra, Tehsil Sakri, Distt. Bilaspur, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Atal Nagar (Naya Raipur) Distt. Raipur, Chhattisgarh. 2 - Collector Bilaspur, Distt. Bilaspur, Chhattisgarh. 3 - Sub Divisional Officer Bilaspur, Distt. Bilaspur, Chhattisgarh. 4 - Tehsildar Tehsil Sakri, Bilaspur, Distt. Bilaspur, Chhattisgarh. 5 - Patwari Halka Patwari No. 42, Mendra, Tehsil Sakri, Bilaspur, Distt. Bilaspur, Chhattisgarh. 6 - Smt. Suman Sahu W/o Raju Sahu R/o Ward No. 08, House No. 127, Village Mendra, Tehsil Sakri, Distt. Bilaspur, Chhattisgarh. 7 - Shriram Suryavanshi S/o Manaram Suryavanshi R/o Ward No. 2, House No. 02, Village Mendra, Tehsil Sakri, Distt. Bilaspur, Chhattisgarh. 8 - Radhika W/o Mukesh Rajak R/o Ward No. 2, House No. 05, Village Mendra, Tehsil Sakri, Distt. Bilaspur, Chhattisgarh. 9 - Amarnath Nilmarkar S/o Late Jwala Prasad R/o Ward No. 6, Village Mendra, Tehsil Sakri, Distt. Bilaspur, Chhattisgarh. 10 - Pramilabai Rajak W/o Laxmiprasad Rajak R/o Ward No. 12, House No. 99, Village Mendra, Tehsil Sakri, Distt. Bilaspur, Chhattisgarh. 11 - Smt. Rekha Sahu W/o Bharat Sahu R/o Ward No. 13, House No. 187, Village Mendra, Tehsil Sakri, Distt. Bilaspur, Chhattisgarh. 2 12 - Santosh Kumar Yadav S/o Gangaprasad Yadav R/o Ward No. 14, Village Mendra, Tehsil Sakri, Distt. Bilaspur, Chhattisgarh. 13 - Smt. Gangotari Gond W/o Dujram Gond R/o Ward No. 15, House No. 203, Village Mendra, Tehsil Sakri, Distt. Bilaspur, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Waquar Naiyer, Advocate For Respondent(s) : Mr. Anurag Tripathi, Panel Lawyer Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 22/09/2025 1. The petitioner has filed this writ petition on the following reliefs: “10.1. That, this Hon’ble Court may kindly be pleased to direct the respondent no. 4 and 5 to decide the revenue case no. 202508071000009/B/21/2024-25 within 6 months. 10.2 Any other relief which this Hon’ble Court deems fit and proper may also kindly be granted to the petitioner, in the interest of justice.” 2. Learned counsel for the petitioner submits that the petitioner has filed the present petition against the inaction of the respondent Tehsildar and Patwari whereby on the basis of the complainant of the petitioner the respondent Tehsildar initiated the proceeding under Section 248 of C.G. Land Revenue Code, against the private respondent and also issued the Letter Dated 07.03.2025 to 3 the Halka patwari no. 2 to file the status report with regards to the encroachment of the private respondents which is pending till date. 3. Learned State counsel submits that the petitioner has already made complaint before the learned Tahsildar, Sakri, Bilaspur for removal of encroachment and the proceedings have been started by the learned Tehsildar, therefore, the petition is liable to be dismissed as not maintainable. 4. Heard learned counsel for the respective parties and perused the record with utmost circumspection. 5. Considering the entire facts and circumstances of the case, submissions of the counsels for the respective parties, this Court is of the opinion that since the petitioners have already made a complaint before the learned Tehsildar, Sakri, Bilaspur and the learned Tehsildar has started proceedings under Section 248 of C.G. Land Revenue Code, 1959, therefore there is no good ground to entertain this petition. 6. With the aforesaid observation/direction, the petition stands dismissed. Sd/- (Arvind Kumar Verma) JUDGE Madhurima