Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:17291
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 95 of 2022 1 - Chandrawati D/o Late Mangal Ahir Aged About 60 Years R/o Village Podi, Tahsil Khadgawan, District Korea Chhattisgarh.
--- Petitioner(s) versus 1 - State Of Chhattisgarh, Through The Secretary, Revenue And Disaster Management Department, Mahanadi Bhawan, Mantralaya, Nawa Raipur Chhattisgarh. 2
- The
Collector
Baikunthpur,
District
Korea
Chhattisgarh. 3
- The
Tahsildar
Khadgawan,
District
Korea
Chhattisgarh. 4 - Gram Panchayat Podi Through The Sarpanch, Janpad Panchayat, Khadgawan, District Korea Chhattisgarh.
--- Respondent(s) WPC No. 954 of 2023 1 - Chandrawati D/o Mangal Aged About 58 Years R/o Village Jilda, Tahsil Khadgawa, District : Koriya (Baikunthpur), Chhattisgarh
---Petitioner(s) Versus Digitally signed by GOPAL SINGH Date: 2025.05.23 18:17:48 +0530
2 1 - State Of Chhattisgarh Through The Secretary, Revenue Department, Mahanadi Bhawan New Mantralaya, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh 2 - The Collector District Korea, Chhattisgarh. 3 - The Sub-Divisional Officer Khadgawan, District : Koriya (Baikunthpur), Chhattisgarh 4 - The Tahsildar Village Khadgawan, District : Koriya (Baikunthpur), Chhattisgarh
--- Respondent(s)
For Petitioner : Shri Kaushal Yadav, Advocate For Respective Respondents : Ms. Upasana Mehta, Dy. Government Advocate and Shri Vijay Kumar Sahu, Advocate Hon’ble Shri Justice Amitendra Kishore Prasad
Order on Board
15/04/2025
1.
Learned counsel appearing for the State submits that the present petitions are not maintainable. She further submits that against the order passed by the Tahsildar for removal of the encroachment, the petitioner has an alternative remedy available under the law.
2. According to learned counsel for the petitioner, the fore- fathers of the petitioner have been granted patta/lease in respect of the property in question and thus the petitioner is not an encroacher.
3.
Learned counsel for the State raising objection further
3 submits that the petitioner has alternative remedy under the law to approach before the concerned Collector and thereafter to approach before the Commissioner as well as the State Government under Part IV of the Revenue Book Circular.
4. At this stage, learned counsel for the petitioner submits that he may be allowed to approach before the authority concerned raising grievances of the petitioner.
5. Considering the facts and circumstances of both the cases, the petitioner is directed to approach before the authority concerned for redressal of grievances of the petitioner and in turn the authority concerned is directed to decide the matter and pass appropriate orders redressing the grievances of the petitioner in accordance with law within some expeditious time.
6. Since there is an order of status quo dated 10.1.2022 passed by this Court in WPC No.95 of 2022, therefore, till the decision of the case of the petitioner by the concerned first authority the aforesaid order of status quo shall continue.
7. With the aforesaid observations and directions, both the writ petitions are disposed of. Sd/-
(Amitendra Kishore Prasad)
JUDGE Gopal Singh