1 2025:CGHC:49756 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5203 of 2025 1 - Nandkishore Sahu S/o Late Shri Peelaram Aged About 56 Years R/o Village- Lohadiya, Tehsil- Jarhagaon District Mungeli Chhattisgarh 2 - Shashikant Sahu S/o Late Shri Peelaram Aged About 53 Years R/o Village- Lohadiya, Tehsil- Jarhagaon District Mungeli Chhattisgarh 3 - Yashwant Sahu S/o Late Shri Peelaram Aged About 50 Years R/o Village- Lohadiya, Tehsil- Jarhagaon District Mungeli Chhattisgarh 4 - Umesh Sahu S/o Late Shri Peelaram Aged About 48 Years R/o Village- Lohadiya, Tehsil- Jarhagaon District Mungeli Chhattisgarh 5 - Aishwarya Kumar Sahu S/o Late Shri Peelaram Aged About 45 Years R/o Village- Lohadiya, Tehsil- Jarhagaon District Mungeli Chhattisgarh 6 - Heeralal Sahu S/o Late Baldev Prasad Aged About 38 Years R/o Village- Lohadiya, Tehsil- Jarhagaon District Mungeli Chhattisgarh 7 - Takeshwar Prasad S/o Late Baldev Prasad Aged About 35 Years R/o Village- Lohadiya, Tehsil- Jarhagaon District Mungeli Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary Revenue, Mahanadi Bhavan, Atal Nagar, Naya Raipur, Chhattisgarh 2 - Collector Mungeli, District Mungeli, Chhattisgarh 3 - Tehsildar Tehsil Jarhagaon, District Mungeli, Chhattisgarh ----Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Prakash Tiwari, Advocate For Respondent-State : Mr. Rishabh Bisen, P.L. Hon’ble Shri Justice Arvind Kumar Verma Order on Board Digitally signed by JYOTI JHA Date: 2025.10.10 11:21:49 +0530 2 07/10/2025 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:- 10.1 he Hon'ble Court may kindly be pleased to call for the entire records relating with the Instant Petition. 10.2 The Hon'ble Court may kindly direct the Respondent No. 3 to decide the registered Revenue case bearing No 202307251300027/A-68/2022-23 filed by the petitioner within stipulated period of 30 days. 10.3 The Hon'ble Court may kindly Direct the Respondent No. 1 and Respondent No. 2 to supervise and ensure compliance with the legal duties of Respondent No. 3 and take appropriate action for his inaction and failure to discharge statutory obligations. 10.4 The Hon'ble Court may kindly be pleased to issue an order towards the respondent no 3 to impose fine against the encroaches and also provide suitable compensation to the petitioner in term of section 248 of C.G. Lr. C. 10.5 The Hon'ble court may kindly be pleased to pass any other orders/direction that, this Hon'ble Court may deem fit and proper in the facts and circumstances of this case. 3. Learned counsel for the petitioner submits that petitioner is not challenging any specific order, but questioning the lethargic and sluggish approach of respondent No 3 in not deciding the application under section 248 of Chhattisgarh land revenue code which is pending for consideration from 17.07.2023.14.07.2023. However, the respondent No 3 vide its order dated 18.07.2023 registered the case as revenue case No 202307251300027/A-68/2022-23 and directed the halka patwari to submit enquiry report. In turn, the concerning halka patwari visited the place and prepared panchnama and enquiry report 3 towards the Respondent No 3 on 29.08.2023. As shown from the said report submitted by the halka patwari of the village kishanpur, district Mungeli, wherein it is categorically mentioned that, during the enquiry the said patwari found that the petitioners are having their own agricultural land bearing khasra No 248/1, 248/6, 248/7, 248/8, 248/9, 248/10 upon which they are harvesting the crops. In front of the aforementioned land of the petitioner there is an government land which is adjacent to the concrete road of the village upon which as many as 14 villagers have illegally occupied the government land which created obstruction and hurdle in utilizing the agricultural land of the petitioner. Despite receiving the said enquiry report, the Respondent no 3 has kept the matter in abeyance and neither deciding the matter nor issuing the dispossession warrant against the encroachers. Though the petitioner made representation before the Respondent No 2 on dated for redressal of their grievances but the Respondent No 2 did not pay any attention in this regard. The aforesaid act and conduct of the respondent authorities is per se illegal, arbitrary and in contravention of the spirit and object of CG Land Revenue Code 1959. Hence this petition. 4. 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 the pending revenue case, he is having no objection to the limited prayer and pending revenue case No. 202307251300027/A-68/2022-23 will be decided in accordance with law. 5. I have heard learned counsel for the parties and perused the material 4 available on record. 6. 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 No. 3 to decide the registered Revenue Case bearing No. 202307251300027/A-68/2022-23 in accordance with law/rules/regulations as expeditiously as possible after giving sufficient opportunity of hearing to the concerned parties. 7. It is made clear that this Court has not expressed anything on the merits of the case. 8. With the aforesaid direction, the writ petition is disposed of. SD/- (Arvind Kumar Verma) Judge Jyoti