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2025 DAILYLAW 52806 (CHH)

RAJA RAM SHIVHARE v. STATE OF CHHATTISGARH

WPC/5360/2025 · 2025-10-13

Shri Arvind Kumar Verma

body2025

Judgment text

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1 / 4 2025:CGHC:51061 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5360 of 2025 Raja Ram Shivhare S/o Ghasiram Shivhare, Aged About 68 Years R/o Ward No. 11, Kachahari Para, Baikunthpur, District Koriya (C.G.) ... Petitioner versus 1 - State of Chhattisgarh Through The Secretary, Department of Revenue, Mantralaya Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur (C.G.) 2 - Collector, Baikunthpur, District Koriya (C.G.) 3 - Sub Divisional Officer, Baikunthpur, District Koriya (C.G.) 4 - Tahsildar, Baikunthpur, District Koriya (C.G.) 5 - Daya Shankar Mahobiya S/o Nakchhedi Lal, Aged About 55 Years R/o Mahalpara, Baikunthpur, Distt. Koriya (C.G.)........(as mentioned in order dated 04.03.2022) ... Respondents For Petitioner : Mr. Imam Siddiqui, Advocate For State : Ms. Nupur Trivedi, PL ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.10.15 18:40:02 +0530 2 / 4 (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 14/10/2025 1. By way of the instant petition, the petitioner has prayed for the following reliefs:- 10.1 This Hon'ble Court may kindly be pleased to issue appropriate writ/order/direction directing the State Authorities specifically respondent no. 2 and 4 to take immediate steps to implement the order dated 04.03.2022 (Annexure P/6) passed in Revenue Case No. 201701011500005/A-70/2016-17. 10.2 This Hon'ble Court may kindly be pleased to issue appropriate writ/order/direction to respondent authorities to decide the pending representation Annexure P-7, Annexure P-8 and P-10 within stipulated time period. 10.3 That this Hon'ble Court may be pleased to issue appropriate writ/order/direction- directing the State authorities to take appropriate coercive and disciplinary action against respondent no.4 i.e officiating Tashildar. 10.4 That the Hon'ble Court further pleased to grant such other relief(s) as may be deemed fit and proper in the interest of justice. 2. The brief facts of the case as projected by the petitioner are that the petitioner had preferred an application under section 250 of Chhattisgarh Land Revenue Code, 1959 the said case was registered as Case No. 201701011500005/A-70/2016-17 wherein after due process of law granting opportunity of hearing to the parties and calling spot inspection report order dated 04.03.2022 was passed by the Respondent No.4 wherein at was categorically stated that the private land which is owned by petitioner has been encroached by the Respondent No.5, further it was held by the Respondent No.4 3 / 4 that possession of the said land be handed over to the petitioner within 15 days from the date of order i.e. order dated 04.03.2022. But the petitioner till date is deprived from the fruits of order. It is submitted that, the order dated 04.03.2022 has not been assailed by the Respondent No.5 before any higher forum and had attained it finality, hence the Tahsildar i.e. Respondent No.4 is bound to implement the order dated 04.03.2022. 3. Learned counsel for the petitioner would contend that the petitioner has made various representations i.e. Annexure P/7, P/8 & P/10 for compliance of order dated 04/03/2022 but till date the order has not been complied with, therefore, suitable directions may be issued to decide the representations of the petitioner. 4. Learned State counsel submits that they are ready to decide the representations of the petitioner. 5. I have heard learned counsel for the parties and perused the documents with utmost circumspection. 6. Considering the entire facts & circumstances of the case and the submissions made by learned counsel for the petitioner as also the submission made by the State counsel, it is directed that the Tehsildar /Respondent No.4 shall decide the Annexure P/7, P/8 & P/10 dated 13/12/2023, 09/09/2025 & 12/09/2025, respectively, if already not decided, after giving sufficient opportunity of hearing to Respondent No.5, in accordance with law. 4 / 4 7. It is made clear that this Court has not expressed any opinion on the merits of the case and the respondent authorities shall proceed on its own merits. 8. With the aforesaid observations, the instant writ petition stands disposed of. SD/- (Arvind Kumar Verma) JUDGE ashu