2025:CGHC:16566 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR W.P.227No. 436 of 2024 Pawan S/o Santram Sonwani, Aged About 33 Years Councilor Ward P.S. And Tehsil Basna, District Mahasamund Chhattisgarh. ---- Petitioner Versus 1 - State Of Chhattisgarh Through Secretary, Department Of Revenue And Disaster Management, Government Of Chhattisgarh, Mntralay Mahanadi Bhavan, Nava Raipur Atal Nagar, 2 - Collector , Mahasamund, District Mahasamund Chhattisgarh 3 - Sub Divisional Officer (Revenue) Saraipali, District Mahasamund Chhattisgarh 4 - Tehsildar, Basna, Tehsil Basna, District Mahasamund Chhattisgarh. Respondents For Petitioner : Shri Priyanshu Gupta, Advocate. For Respondent /State : Shri Topilal Bareth, P.L. Hon'ble Shri Justice Sachin Singh Rajput Order on Board 21/11/2025 1. This writ petition has been filed by the petitioner seeking for the following relief : (10.1) to set aside the impugned Order dated 09.03.2023 (Annexure P-1) and direct the Respondent authorities to take appropriate steps to verify the fact of encroachment. (10.2) to call for entire records the case registered before Respondent No. 4 bearing Case No. 202212120900054 B/21 Year 2021-22. (10.3) to grant any other suitable relief or relief(s) to instant petitioner which this Hon'ble Court may deem fit and proper in view of the facts and circumstances of the case for the ends of justice. 2. Learned counsel for the petitioner submits that petitioner is a Councilor of Ward No.6 of Nagar Panchayat, Basna, Tehsil - Basna, District – Mahasamund (C.G.) being a Public spritted Person, he made certain complaint to the respondent No.4 with regard to encroachment made by some persons on the Government Land bearing ASHISH TIWARI Digitally signed by ASHISH TIWARI Date: 2025.11.28 11:34:13 +0530 -2- Khasra No. 56 admeasuring 0.417 Hectares. As no action was taken by the respondent, he filed a writ petition before this Court bearing W.P.C. No.639/2022. He further submits that the said Writ Petition was disposed of by this Court vide its order dated 16/02/2022 directing the respondent No. 2 to 4 to take decision on the representation of the petitioner within an outer limit of six months from the date of receipt of copy of that order. Thereafter, by the impugned order dated 09/03/2023, the representation of the petitioner was turned down holding that the allegation of encroachment of land bearing of land bearing Khasra No. 56 is not found proved and that the affected persons are said to be Bhumi Swami of alleged by encroached land. Therefore, this writ petition is filed. 3. Learned counsel for the State supports the impugned order and submits that after due inquiry and hearing the affected parties, the Tehsildar has passed the impugned order 09/03/2023 (Annexure P/2) holding that there was no encroachment in Khasra No. 56 and the persons are in possessions of the said property as Bhumi Swami. 4. Heard learned counsel for the parties and perused. 5. The allegation made by the petitioner is that certain persons have made encroachment upon the Government Land which is required to be removed. Perusal of the impugned order clearly indicates that the learned Tehsildaar has categorically dealt with submissions and after detailed discussions with regard to the possessions of the respective persons has categorically held that on the basis of documents and reply of the affected parties that the persons are holding their land as Bhumi Swami in Khasra No. 56 area 0.417 Hectares of Land they have also filed documents in that respect. Since, the persons are holding the land as Bhumi Swami, they cannot be removed as encroacher. The findings so recorded are based on proper appreciation of documents on record. This Court does not find any illegality or irregularity in the order impugned. 6. Accordingly, the writ petition is dismissed. Sd/- Sd/- Sd/- (Sachin Singh Rajput) Judge Ashish