1 2025:CGHC:50305 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5284 of 2025 1 - Vivek Dubey S/o Vyas Narayan Dubey Aged About 45 Years R/o B2/5, Manas Kunj, Lokmanya Society Rohini Puram, Raipur, Tehsil And Distt. Raipur, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary Revenue And Disaster Management Department, S 1-13, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Distt. Raipur, Chhattisgarh. 2 - Collector Distt. Kabirdham, Chhattisgarh. 3 - Superintendent Of Police Ps Dashrangpur, Distt. Kabirdham, Chhattisgarh. 4 - Sub Divisional OfÏcer Tehsil Kawardha, Distt. Kabirdham, Chhattisgarh. 5 - Tehsildar Pipariya, Distt. Kabirdham, Chhattisgarh. 6 - Sho Ps Dashrangpur, Tehsil Pipariya, Distt. Kabirdham, Chhattisgarh. 7 - Kamlesh Sen S/o Bhakku Sen R/o Village Chachedi, Tehsil Pipariya, Distt. Kabirdham, Chhattisgarh. 8 - Udesh Sen S/o Bhakku Sen R/o Village Chachedi, Tehsil Pipariya, Distt. Kabirdham, Chhattisgarh. ----Respondents (Cause-title taken from Case Information System) For Petitioner : Mrs. Anuja Sharma, Advocate For Respondent-State : Mr. Anurag Tripathi, P.L. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 09/10/2025 1. With the consent of the parties the matter is heard finally. 2. The present writ petition has been filed by the petitioner seeking following relief:- This Hon’ble Court may kindly be pleased to 10.1 Issue writ/order/direction directing the Digitally signed by JYOTI JHA Date: 2025.10.10 11:21:24 +0530 2 Respondent Authority to take appropriate action against the Private Respondent and proceed with eviction pursuant to order dated 06.06.2025 and 18.06.2025 are passed by the Tehsildar, Pipariya, District Kabirdham, C.G., staying the illegal construction and removal of illegal construction raised by the Private Respondent over the suit property bearing K.No. 434/1, 8.30/12.90 sq mt. of Government Land (Grazing Land) situated at Village Chachedi, Tehsil Pipariya, District Kabirdham, Chhattisgarh 10.2 Issue writ/order/direction directing the Respondents authority to ensure protection of "Right to enjoyment of the property" of the petitioner. 10.3 Any other writ/ writs, order/ orders, relief reliefs in favour of the petitioner, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case, including awarding of the costs to the petitioner.. 3. Learned counsel for the petitioner submits that the present writ petitio has been filed against the inaction of the respondent authorities whereby an order dated 18.06.2025 is passed by the Tehsildar, Pipariya, District Kabirdham, C.G., whereby directed the concerned authority to remove illegal possession of respondent no. 5 from the suit land i.e., K.No. 434/1, 8.30/12.90 sq mt. of Government Land (Grazing Land) situated at Village Chachedi, Tehsil Pipariya, District Kabirdham, Chhattisgarh and the respondent no. 5 is continuing the illegal construction work over the suit land after the Tehsildar has passed order dated 06.06.2025 staying the illegal construction over the suit property and order dated 18.06.2025 for removing the illegal possession of the respondent no. 5 from the suit property. Despite the aforesaid was brought to the knowledge of this Hon'ble Court vide WPC No. 3537 of 2025 however the same was withdrawn with liberty to avail remedy under Section 248(2)(A) of the Chhattisgarh Land Revenue Code vide its order dated 10.07.2025. The Petitioner has 3 immediately filed appropriate application however, till date, no action has been taken by the Respondent Authorities. 4. Learned counsel for the petitioner submits that the Tehsildar, Pipariya, has passed an order dated 18.06.2025 restraining the respondent no. 5 to raise illegal construction over the suit land but the respondent No. 5 is continuing illegal construction work over the said land. Thus, the State authorities and respondent no. 5 are acting hand in glove with the Private Respondent which is evident from the fact that the order dated 18.06.2025 has attained finality as the same has not been challenged before the Court of competent jurisdiction and therefore, the action of the Respondent Authorities allowing further construction by the Private Respondent over the Government Land is arbitrary 5. Learned counsel for respondents submits that in view of the limited prayer made by the learned counsel for petitioner seeking direction to respondent-authorities to consider/decide the pending application, he is having no objection to the limited prayer and pending application (Annexure P/7) dated 16.07.2025 will be decided in accordance with law. 6. I have heard learned counsel for the parties and perused the material available on record. 7. Considering the facts and circumstances of the case instead of keeping this petition pending, I find it appropriate to dispose of the same at this stage directing the respondent-authorities particularly the Tehsildar to decide the application of the petitioner (Annexure P/7) dated 16.07.2025 in accordance with law/rules/regulations as expeditiously as possible after giving sufÏcient opportunity of hearing to the 4 concerned parties particularly the respondents No. 7 & 8. 8. It is made clear that this Court has not expressed anything on the merits of the case. 9. With the aforesaid direction, the writ petition is disposed of. Sd/- (Arvind Kumar Verma) Judge Jyoti