1 / 5 2025:CGHC:51033 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5361 of 2025 1 - Mahendra Manhare S/o Shri Mayaram Manhare Aged About 38 Years R/o Vill- Khapri, Tahsil- Nawagarh, Dist.- Bemetara (C.G.) 2 - Smt. Vijay Laxmi W/o Shri Mahendra Manhare Aged About 28 Years R/o Vill- Khapri, Tahsil- Nawagarh, Dist.- Bemetara (C.G.) ... Petitioners versus 1 - State of Chhattisgarh Through Its Secretary, Department of Revenue and Disaster Management, Secretariat At Mahanadi Bhawan, New Raipur, Dist.- Raipur (C.G.) 2 - State of Chhattisgarh Through Its Secretary, Department of Home Affairs, Secretariat At Mahanadi Bhawan, New Raipur, Dist.- Raipur (C.G.) 3 - Collector Bemetara Dist.- Bemetara (C.G.) 4 - Superintendent of Police Bemetara Dist.- Bemetara (C.G.) 5 - Sub Divisional Officer (Revenue) Nawagarh Dist.- Bemetara (C.G.) 6 - Tahsildar- Nawagarh Tahsil- Nawagarh, Dist.- Bemetara (C.G.) 7 - Secretary Gram Panchayat- Gadamor- Dharampura, Tahsil- Nawagarh, Dist.- Bemetara (C.G.) 8 - Mahajan Manhare (Sarpanch) Gram Panchayat- Gadamor- Dharampura, Tahsil- Nawagarh, Dist.- Bemetara (C.G.) 9 - Ramkisun Sande (Sachiv-Gram Panchayat- Gadamor- Dharampura) Tahsil- Nawagarh, Dist.- Bemetara (C.G.) ... Respondents For Petitioners : Mr. Jai Prakash Shukla, Advocate For State /Respondents : Mr. Ajit Singh, GA along with Ms. Nupur Trivedi, PL ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.10.15 18:40:01 +0530 2 / 5 (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 14/10/2025 1. By way of the instant petition, the petitioners have prayed for the following reliefs:- 10.1 That this Hon'ble Court may kindly be pleased to direct the respondent authorities to call the entire records pertaining to this case. 10.2 That the Hon'ble Court may kindly be pleased to issue writ in the nature of certiorari/ prohibition/ mandamus, thereby to direct the respondent authorities to compensate petitioners after fair assessment for demolition of dwelling house, destroying and throwing out their belongings and further they be directed to re-construct petitioner's house on questioned land where their house was standing prior to its demolition, additionally the state authorities be directed to take strict lawful action against heinous/brutal/inhuman offence committed by res no 7 to 9 against petitioners. 10.3 Hon'ble court may kindly further be pleased to direct respondent authorities to decide, complaint/representation dated 18-09- 2025 (Annexure P/5) seeking criminal action against res no 7 to 9 and representation/complaint dated 18-09-2025 (Annexure P/6) seeking compensation for demolishing dwelling house and reconstruction of dwelling house on questioned land where it was standing prior to its demolition within stipulated time period and further to pass any order which deems fit including cost of the petition in the interest of Justice. 2. The brief facts of the case as projected by the petitioners are that the petitioners are resident of vill- Khapri falls in gram panchayat- Gadamor-Dharampura, Tahsil- Nawagarh. Petitioner no 1 father has constructed dwelling house on portion of Abadi land of khasra no 3 / 5 305 prior to 20-25 years and since then petitioner no 1 has been residing there continuously with family members, handicapped brother and children. 11 more family members are also residing after constructing house on same plot for last several years. Respondent no 8 elected as sarpanch of Gadamor-Dharampura is having old enmity with petitioner and his family members. Earlier also Respondent no 8 had victimized and terrorized petitioners and family members by many means and method. Respondent no 8 and his followers asked the villagers to socially boycott petitioner, his family members and all other family members, who are associated with petitioner. On 26-07-2024 Respondent no 8 in official meeting asked to socially boycott in consequence it was declared that whosoever talks, supports petitioner and his family members by any means and method for which written compliant was made against Respondent no 8 before P.S- Nawagarh which has been compromised forcefully against petitioner's wishes. Respondent no 8 repeatedly warned petitioner to teach lesson for not voted him in sarpanch election. He had warned to demolish his dwelling house at any cost. In pursuance of that threat Respondent no 7 to 9 unauthorizedly issued notices to petitioner for remove encroachment form khasra no 305 failing which it will be razzed forcefully. Petitioner along with family members approached to the Tahsildar- Nawagarh and made complaint regarding unauthorizedly notices dated 02-09-2025 and 04-09-2025 issued to him by Respondent no 7 to 9 in respect of removing encroachment over khasra no 305, but 4 / 5 instead of redressing grievances of petitioner, Tahsildar humiliated and orally told that Sarpanch has every power of removing encroachment. Petitioner asked for some more time to challenge the notice issued jointly by Respondent no 7 to 9 but instead of providing time, Respondent no 7 to 9 reached on 13-09-2025 at petitioner's dwelling house with bulldozing machinery with man power and bulldozed their dwelling house in very brutal manner, during time when their small children and handicapped brother were in deep sleep. They threw out the belongings of house one by one, misbehaved and abused the female members and captured the area after getting it bulldozed. Police personnel and other administrative authorities also assisted Respondent no 7 to 9 in these illegal criminal activities. 3. Learned counsel for the petitioners would contend that they have submitted complaint/representation dated 18/09/2025 before the Respondents No 3, however, till date the same has not been decided, therefore, the respondent authorities may be directed to decide the representation of the petitioners. 4. Learned State counsel submits that they have no objection in deciding the representation of the petitioners. 5. I have heard learned counsel for the parties and perused the documents. 6. Considering the limited submission made by learned counsel for the 5 / 5 petitioners and the entire facts & circumstances of the case, it is directed that Respondents No. 3 shall decide the representation of the petitioner dated 18/09/2025 (Annexure P/5) by giving sufficient opportunity of hearing to Respondents No.8 & 9, in accordance with law. 7. With the aforesaid observation, the writ petition stands disposed of. SD/- SD/- (Arvind Kumar Verma) JUDGE ashu