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2025 DAILYLAW 46712 (CHH)

GRAM PANCHAYAT MUDTARAI v. THE STATE OF CHHATTISGARH

WPC/86/2025 · 2025-01-09

Shri Bibhu Datta Guru

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Judgment text

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1 / 4 2025:CGHC:1361 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 86 of 2025 1 - Gram Panchayat Mudtarai (Ashrit Gram Panchayat Jenjra), Janpad Panchayat- Fingeshwar, Dist- Gariyaband (C.G.) Through The Adhyaksh Gram Samiti Mudhtarai/komal Ram Verma, S/o Shri Jhumuk Verma, Age 56 R/o Vill- Mudtari, Tah- Rajim, Dist- Gariyaband (C.G.) Adhar Card No. 6840-9254-5784 2 - Rohit Kumar Dhruva S/o Shri Mohan Lal Aged About 42 Years 'Panch' R/o House No. 13, Ward No. 17, Gondpara, Vill- Mudtari, Tah- Rajim, Dist- Gariaband (C.G.) Adhar Card No.- 4543-3017-9859 3 - Shanti Bai Dhruva W/o Samaru Ram Dhruva Aged About 50 Years 'Panch' R/o Kopra, Vill- Mudtari, Tah- Rajim, Dist- Gariaband (C.G.) Adhar Card No.- 4809-5834-4550 4 - Neera Bai Sahu W/o Prabhu Ram Sahu Aged About 46 Years 'Panch' R/o Kopra, Vill- Mudtari, Tah- Rajim, Dist- Gariyaband (C.G.) Adhar Card No.- 4809-5834-45509 5 - Jageshwari Yadav W/o Bhesdhari Yadav Aged About 40 Years 'Panch' R/o Kopra, Vill- Mudtari, Tah- Rajim, Dist- Gariyaband (C.G.) Adhar Card No. 6114-3873-4665 ... Petitioners versus 2 / 4 1 - The State Of Chhattisgarh Through, Secretary, Department Of General Administration, Mahanadi Bhavan, New Mantralaya, Atal Nagar, New Raipur (C.G.) 2 - The Secretary, Department Of Revenue, Indravati Bhavan, New Mantralaya, Atal Nagar, New Raipur (C.G.) 3 - The Collector, Dist- Gariaband (C.G.) 4 - The Tahsildar, Tahsil- Rajim, Office Sitting At Lok Sewa Kendra, Rajim, Dist- Gariaband (C.G.), 493885 5 - The Superintendent Of Police (S.P.) Dist- Gariaband (C.G.) 6 - The Station House Officer (SHO) P.S.- Panduka, Dist- Gariaband (C.G.) 7 - Babulal Dhruv S/o Sevaram Aged About 54 Years Village- Mudtari, Tahsil- Rajim, Dist- Gariaband (C.G.) 8 - Mukesh Dhruv S/o Kapoor Singh Aged About 36 Years Village Mudtari, Tahsil Rajim, Dist- Gariaband (C.G.) 9 - Suraj Dhruv S/o Bishesh Singh Aged About 52 Years R/o Village Mudtari, Tahsil Rajim, Dist- Gariaband, (C.G.) 10 - Santosh Dhruv S/o Bishesh Singh Aged About 48 Years R/o Village Mudtari, Tahsil Rajim, Dist- Gariaband (C.G.) ... Respondents (Cause title is taken from Case Information System) For Petitioners : Mr. Vinayak Sharma, Advocate For Respondents/State : Ms. Nupoor Sonkar, Panel Lawyer 3 / 4 (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 09/01/2025 1. By the present writ petition, the petitioners are seeking a direction towards the respondents No.1 to 6 to take appropriate steps regarding removal of encroachment made by the private respondents No.7 to 10 over the grass land of the Village Mudtarai, Tahsil Rajim, District Gariaband. 2. Learned counsel appearing for the petitioner submits that the respondents No. 7 to 10 have encroached upon the grass land of the village Mudtarai and in spite of repeated requests to the respondent authorities, no steps has been taken for removal of the said encroachment. He further submits that vide communication dated 10/01/2023, SDO (Revenue), Rajim intimated the Sarpanch of the Gram Panchayat that the encroachment has been removed from the land bearing Khasra Nos.301, 307, 312 and 484 and the said land which recorded as a grass land but in spite of the said communication and the order of the SDO, the respondents No.7 to 10 are again encroaching the same without any authority of law. 3. Learned counsel appearing for the respondents/State submits that if the contention of the petitioner is correct then appropriate authority will examine the grievance of the petitioners and necessary steps shall be taken in accordance with law. 4. I have heard learned counsel for the parties and perused the pleadings made by the petitioners. 4 / 4 5. From perusal of communication dated 10/01/2023, it appears that the SDO has taken cognizance of the complaint made by the petitioners and taken action for removal of the encroachment made by the respondents No.7 to 10 over the subject land. 6. Learned counsel for the petitioners is stating that the respondents No.7 to 10 without any authority of law again encroached upon the grass land and no action has been taken by the SDO and for which the petitioners have made a complaint dated 25/07/2023 to the Superintendent of Police, Gariaband but no action has been taken by him. 7. In view of the above, it is directed that the Collector, Gariaband shall look into the grievance of the petitioners and take initiative and appropriate steps to remove the encroachment permanently from the grass land encroached by the respondents No.7 to 10. The said exercise will be done within a period of 30 days from the date of receipt of copy of this order by giving opportunity of hearing to all the parties including the respondents No.7 to 10. 8. With the aforesaid direction, this writ petition is disposed of. Sd/- (BIBHU DATTA GURU) JUDGE $. Bhilwar