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2025:CGHC:3282
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 357 of 2025 1 - Chhatrapal Verma S/o Harbansh Verma Aged About 49 Years R/o Village Devri, P.S. Bhatapara Rural, District Balodabazar-Bhatapara (Chhattisgarh)
... Petitioner versus 1 - State Of Chhattisgarh Through Collector, Balodabazar-Bhatapara, District Balodabazar-Bhatapara (Chhattisgarh) 2 - Naib Tehsildar, Bhatapara, District Balodabazaar-Bhatapara, (Chhattisgarh) 3 - Ghanshyam Verma S/o Jagdish Verma Aged About 45 Years R/o Village Semariya, P.S. Bhatapara (Rural), District Balodabazaar- Bhatapara (Chhattisgarh) 4 - Radheshyam Verma S/o Jagdish Verma Aged About 43 Years R/o Village Semariya, P.S. Bhatapara (Rural), District Balodabazaar- Bhatapara (Chhattisgarh) ... Respondents (Cause title is taken from Case Information System)
2 / 3 For Petitioner : Mr. Shishir Dixit, Advocate For Respondents/State : Mr. Santosh Bharat, Panel Lawyer (HON’BLE SHRI JUSTICE BIBHU DATTA GURU)
Order on Board 20/01/2025
1. By the present writ petition, the petitioner is seeking a direction towards the respondent No.2/ Naib Tahsildar, Bhatapara to decide the pending application dated 28/10/2024 (Annexure P/1) filed under Section 248(1) of the Chhattisgarh Land Revenue Code, 1959 (for short, “the Act of 1959”) whereby the petitioner prayed for removal of encroachment made by the private respondents over the Government land.
2.
Learned counsel appearing for the petitioner submits that the Naib Tahsildar, vide order 11/11/2024, has passed an order staying the construction which is being made by the private respondents No.3 & 4 but in spite of the said order, they are proceeding to construct over the Government land which is encroached by them.
3.
Learned counsel appearing for the State, on instruction, submits that if the application is still pending before the Naib Tahsildar, the same shall be considered and decided within a period of 30 days from the date of receipt of copy of this order.
4. I have heard learned counsel for the parties and perused the documents.
5. In view of the above submission made by the learned counsel for the State, the respondent No.2/Naib Tahsildar is directed to pass
3 / 3 appropriate final order considering the pending application made by the petitioner under Section 248(1) of the Act of 1959 within a period of 30 days from the date of receipt of a copy of this order by providing sufficient opportunity of hearing to all the parties in accordance with law.
6. With the aforesaid direction, this writ petition is disposed of.
Sd/- (BIBHU DATTA GURU)
JUDGE $. Bhilwar