1 2025:CGHC:57648 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6167 of 2025 1 - Shabina Bhagat D/o Late Dilsay Bhagat Aged About 25 Years R/o Ward No. 17, Village Bhojpur Champa, District : Janjgir-Champa, Chhattisgarh 2 - Rajani Bhagat D/o Late Dilsay Bhagat Aged About 38 Years Presently Posted As Deputy Collector Bilaspur R/o Ward No. 17, Village Bhojpur Champa, District : Janjgir-Champa, Chhattisgarh 3 - Rajesh Bhagat S/o Late Dilsay Bhagat Aged About 31 Years R/o Ward No. 17, Village Bhojpur Champa, District : Janjgir-Champa, Chhattisgarh ... Petitioners Versus 1 - Union Of India Through The Secretary Ministry Of Railways At Rail Bhawan, Raisina Road, New Delhi, 110001 2 - Divisional Railway Manager (Drm) South Eastern Central Railways (Secr), Bilaspur Division At Bilaspur, District : Bilaspur, Chhattisgarh 3 - Senior Divisional Engineer South Eastern Central Railways Bilaspur Division At Bilaspur, District : Bilaspur, Chhattisgarh 4 - Assistant Divisional Engineer South Eastern Central Railways Champa, District : Janjgir-Champa, Chhattisgarh 5 - Senior Section Engineer Rail Line, Secr Champa, District : Janjgir-Champa, Chhattisgarh 6 - Junior Engineer (Works) Railways, Champa, District : Janjgir-Champa, Chhattisgarh 2 7 - Station House Officer Railway Protection Force, Champa, District : Janjgir- Champa, Chhattisgarh 8 - State Of Chhattisgarh Through Secretary, Department Of Revenue And Disaster Management, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh 9 - Superintendent Of Police District Janjgir - Champa, Chhattisgarh 10 - Sub -Divisional Officer (Revenue) District Janjgir - Champa, Chhattisgarh 11 - Station House Officer Champa, District : Janjgir-Champa, Chhattisgarh 12 - Suraj Sahis @ Pintu Sahis Aged About 35 Years R/o Sahis Mohalla, Ward No. 18, Bhojpur - Champa, District : Janjgir-Champa, Chhattisgarh 13 - Aslam Khan S/o Idu Khan Aged About 37 Years R/o Sahis Mohalla, Ward No. 18, Bhojpur - Champa, District : Janjgir-Champa, Chhattisgarh ... Respondents For Petitioner : Mr. Arham Siddiqui, Advocate For Respondents No. 1 to 7/U.O.I. : Mr. Ramakant Mishra, Dy. Solicitor General along with Ms. Shweta Rani, Advocate For Respondents No. 8 to 11/State : Mr. Anurag Tripathi, Panel Lawyer SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 26 /11/2025 1. The petitioners have filed this writ petition seeking following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to restrain the respondent authorities from disturbing the peaceful possession of the petitioners over the land in question, situated at Ward No. 17 and 18, Village Bhojpur, Champa, District Janjgir-Champa (C.G) without following the due process of law, as envisaged under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, the Railways Act, 1989 and any other relevant law, for being time in force. 10.2 That, this Hon'ble court may kindly take cognizance of the violation of the fundamental rights of the petitioner and their family members, especially under Article 14, 19(1)(g) and 21, especially the right 3 to life, safety and livelihood, by the ongoing illegal punitive action of the respondent authorities. 10.3 That, this Hon’ble Court may kindly be pleased to grant exemplary compensation for the illegal demolition carried out by the respondent authorities. 10.4 That this Hon'ble Court may be pleased to grant any other relief, as it may deem fit and appropriate in the facts and circumstances of the case, together with heavy cost.” 2. Learned counsel for the petitioners submits that the respondent authorities have demolished the construction raised on their private ownership land. 3. Learned counsel for the respective respondents submits that from perusal of documents enclosed along with the writ petition, it is appearing that earlier, show-cause notice was issued in which, one of the petitioners gave an undertaking that he will remove encroachment after construction of the workshop on their private ownership land, however, when the encroachment was not removed, action has been taken and therefore, action taken is, after compliance of the principles of natural justice. 4. At this stage, learned counsel for the petitioner submits that the earlier undertaking was with regard to the tin-shed and now, the construction which is demolished is within the boundary wall of the land owned by the petitioners. 5. I have heard learned counsel for the parties and also perused the documents placed on record. 6. Taking into consideration the submissions made by the counsel for the respective parties, the nature of dispute and further considering that the land stated to be owned by the petitioners is adjacent to the land of the respondent/Railways and the encroachment can be ascertained only after the demarcation of subject land, therefore, this writ petition is disposed of at this stage, directing the concerned respondent authorities to get the land subject matter of writ petition demarcated by submitting an 4 appropriate application before the competent authority, and in the event the respondent authorities submit an application before the competent authority, the said authority shall take necessary steps for demarcating the land within a further period of 02 months from the date of receipt of the application in presence of both the parties. 7. It is further directed that the petitioners shall cooperate at the time of demarcation proceedings. It is also directed that if the petitioner is found in encroachment over the land of the respondent/Railways, then, the respondents shall issue appropriate notice granting the petitioners breathing time for removing their encroachment over the subject land. It is also directed that till demarcation proceeding is conducted, status-quo as it exists today with respect to the land, subject matter of writ petition shall be maintained by the parties. 8. With the aforesaid observation and directions, this writ petition stands disposed of. Sd/- (Parth Prateem Sahu) Judge Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY