1 2025:CGHC:6143 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6391 of 2024 1 - Sanjay Kumar Agrawal S/o Late Shri Babulal Agrawal Aged About 60 Years R/o Ward No. 36, Jagmal Chowk, Yamaha Showroom Gali, Police Station Torwa, Tahsil Bilaspur, District Bilaspur, C.G. ... Petitioner(s) versus 1 - State of Chhattisgarh Through The Secretary, Department of Revenue And Disaster Management, Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, C.G. 2 - Collector Bilaspur, District- Bilaspur, C.G. 3 - Sub Divisional Officer (Revenue) Sub Division Masturi, District- Bilaspur,C.G. 4 - Tahsildar Tahsil Masturi, District- Bilaspur, C.G. 5 - Nathu S/o Bhukhau R/o Jairamnagar, Tahsil Masturi, District- Bilaspur, C.G. ... Respondent(s) For Petitioner(s) : Mr. Kishore Narayan, Advocate with Mr. Pritam Singh, Advocate. For Respondent(s)/ State : Mr. Satish Gupta, Government Advocate. K GOWRI SANKARA RAO Digitally signed by K GOWRI SANKARA RAO Date: 2025.02.05 10:45:58 +0530 2 Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 03/02/2025 1. By the present writ petition, the petitioner is seeking a direction towards the respondent Nos.3 & 4 to implement the order dated 27/01/2023 passed by the Tahsildar, Masturi under Section 250 of the Chhattisgarh Land Revenue Code, 1959 (for short ‘the Code’). 2. Learned counsel appearing for the petitioner would submit that on the application under Section 250 of the Code moved by the petitioner on 23/10/2021, the Tahsildar passed an order by recording a finding that the respondent No.5 has encroached upon the private land of the petitioner in an illegal manner and the Tahsildar has directed for removal of the encroachment and to hand over the possession of the said land to the petitioner. He would further submit that the said order of Tahsildar was challenged by the respondent No.5 by filing an appeal under Section 44(1), which has been dismissed by the S.D.O. vide order dated 13/03/2024 and subsequently, a civil suit was filed by the respondent No.5 in respect of the subject land which has also been dismissed vide order dated 19/06/2024. In spite of the aforesaid facts, the respondent Nos.3 & 4 are not proceeding to remove the illegal encroachment made by the respondent No.5. 3 3. On the other hand, learned counsel for the State by referring Annexure P-12 would submit that the S.D.O. has already initiated proceeding for removal of the illegal encroachment by issuance of notice to the respondent No.5 on 25/06/2024 and hence, the S.D.O. will conclude the proceeding and will implement the order of the Tahsildar dated 27/01/2023 within stipulated period, if the orders of the S.D.O. and the Tahsildar are not under challenge before any higher forum. 4. Having heard learned counsel for the parties and perused the orders of the S.D.O. and the Tahsildar as also the notice dated 25/06/2024 issued by the S.D.O. to the respondent No.5, it appears from the order of the Tahsildar that on the application under Section 250 of the Code, the Tahsildar has passed an order for removal of encroachment of respondent No.5 from the land of the petitioner. The S.D.O. has also issued notice dated 25/06/2024 to the respondent No.5 for removal of illegal encroachment. 5. In view of the aforesaid facts and circumstances of the case, the respondent Nos.3 & 4 are directed to implement the order dated 27/01/2023 passed by the Tahsildar and take appropriate steps for removal of encroachment made by the respondent No.5 over the land of the petitioner within a period of fifty days from the date of receipt of copy of this order, if the orders of the S.D.O. and the Tahsildar are not challenged before any higher forum. 4 6. With the aforesaid observations, the writ petition stands disposed of. SD/- (Bibhu Datta Guru) Judge Gowri