1 / 5 2025:CGHC:856 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 34 of 2025 1 - Maan Singh Verma S/o Kapil Singh Verma Aged About 62 Years R/o Village- Danganiya, P.H. No. 8, Tahsil- Thankhamhariya, District- Bemetara, C.G. 2 - Kaushal S/o Paltan Lodhi Aged About 45 Years R/o Village- Danganiya, P.H. No. 8, Tahsil- Thankhamhariya, District- Bemetara, C.G. ... Petitioner(s) versus 1 - State of Chhattisgarh Through The Secretary, Revenue And Disaster Management Department, Atal Nagar, Nawa Raipur, District- Raipur, C.G. 2 - The Collector Bemetara, District- Bemetara, C.G. 3 - The Tahsildar Thankhamhariya, District- Bemetara, C.G. 4 - The Sarpanch Gram Panchayat, Danganiya, Tahsil- Thankhamhariya, District- Bemetara, C.G. 5 - Kalyan Singh S/o Ishwar Lodhi Aged About 42 Years R/o Village- Danganiya, P.H. No. 8, Tahsil- Thankhamhariya, District- Bemetara, C.G. AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.01.07 18:08:07 +0530 2 / 5 6 - Aghnu S/o Bhagela Pardhi Aged About 30 Years R/o Village- Danganiya, P.H. No. 8, Tahsil- Thankhamhariya, District- Bemetara, C.G. 7 - Vishnu S/o Khelan Dhobi Aged About 25 Years R/o Village- Danganiya, P.H. No. 8, Tahsil- Thankhamhariya, District- Bemetara, C.G. 8 - Nakul S/o Mangla Rout Aged About 42 Years R/o Village- Danganiya, P.H. No. 8, Tahsil- Thankhamhariya, District- Bemetara, C.G. 9 - Faguwa S/o Paltu @ Mahesh Aged About 45 Years R/o Village- Danganiya, P.H. No. 8, Tahsil- Thankhamhariya, District- Bemetara, C.G. 10 - Narsingh S/o Sitaram Lodhi Aged About 27 Years R/o Village- Danganiya, P.H. No. 8, Tahsil- Thankhamhariya, District- Bemetara, C.G. 11 - Savitri D/o Rameshar Lodhi Aged About 50 Years R/o Village- Danganiya, P.H. No. 8, Tahsil- Thankhamhariya, District- Bemetara, C.G. 12 - Lokeshwari D/o Khelawan Pardhi Aged About 25 Years R/o Village- Danganiya, P.H. No. 8, Tahsil- Thankhamhariya, District- Bemetara, C.G. 13 - Guha S/o Govind Lodhi Aged About 60 Years R/o Village- Danganiya, P.H. No. 8, Tahsil- Thankhamhariya, District- Bemetara, C.G. 14 - Sukhdev S/o Bhukhau Rout Aged About 28 Years R/o Village- Danganiya, P.H. No. 8, Tahsil- Thankhamhariya, District- Bemetara, C.G. 3 / 5 15 - Sitaram S/o Paklu Dhobi Aged About 25 Years R/o Village- Danganiya, P.H. No. 8, Tahsil- Thankhamhariya, District- Bemetara, C.G. 16 - Gajadhar S/o Badri Lodhi Aged About 50 Years R/o Village- Danganiya, P.H. No. 8, Tahsil- Thankhamhariya, District- Bemetara, C.G. 17 - Baldau S/o Paras Lodhi Aged About 45 Years R/o Village- Danganiya, P.H. No. 8, Tahsil- Thankhamhariya, District- Bemetara, C.G. 18 - Dhruw S/o Jhadu Lodhi Aged About 52 Years R/o Village- Danganiya, P.H. No. 8, Tahsil- Thankhamhariya, District- Bemetara, C.G. ... Respondent(s) For Petitioner : Mr. Bharat Rajput, Advocate For Respondent/State : Ms. Anuja Sharma, Panel Lawyer. Hon'ble Justice Shri Bibhu Datta Guru Order on Board 07/01/2025 1. In the present writ petition, vide impugned order dated 03/04/2023, the Tahsildar rejected the application moved by the petitioner under Section 248 of the C.G. Land Revenue Code, 1959 for removal of encroachment against the respondent Nos.5 to 17 as they are encroaching the government grass land. 2. The Tahsildar vide impugned order dated 03/04/2023 rejected the application observing that the Tahsildar is not empower to proceed in the matter for removal of encroachment, however, the petitioner can approach the Panchayat under Section 56 of the 4 / 5 C.G. Panchayat Raj Adhiniyam, 1993 for removal of encroachment. 3. Learned counsel for the petitioner submits that in similar matter, the co-ordinate Bench of this Court vide order dated 15/04/2024 observed that the Panchayat is not having power for removal of encroachment, however, it is the Tahsildar who can proceed under Section 248 of the C.G. Land Revenue Code, 1959 to draw proceeding for removal of encroachment. 4. Learned counsel for the respondents submit that the order of the Tahsildar is not maintainable before this Court, the said order can be challenge in an appeal before the S.D.O. (Revenue), the writ petition deserves to be dismissed. 5. I have heard learned counsel for both the parties. 6. It appears from the impugned order that the Tahsildar rejected the application under Section 248 of the C.G. Land Revenue Code, 1959 moved by the petitioner for removal of the encroachment of the respondent Nos. 5 to 17 from the government grass land observing that the Gram Panchayat is the appropriate under Section 56 of the C.G. Panchayat Raj Adhiniyam and the petitioner can approach the Gram Panchayat for removal of the respondent Nos.5 to 17. 7. In a similar issue, the co-ordinate Bench of this Court in WPC No.4824/2021 has observed that the Tahsildar is the appropriate authority who can initiate proceeding under Section 248 of the C.G. Land Revenue Code, 1959 for removal of the encroachment from the government land. Hence, the order of the Tahsildar 5 / 5 dated 03/04/2023 is liable to be and is hereby quashed and it is remanded back to the Tahsildar to draw proceeding under Section 248 of the C.G. Land Revenue Code, 1959 on the application submitted by the petitioner. 8. With the aforesaid observation and direction, the writ petition is allowed to the above extent. SD/- (Bibhu Datta Guru) Judge Amardeep