1 2025:CGHC:20639 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2266 of 2025 Pankaj Prasad Dubey S/o Late Vishnu Prasad Dubey Aged About 85 Years R/o Village- Paragaon, Tehsil- Gobra Nawapara, District -Raipur (C.G.) ... Petitioner versus 1 - State of Chhattisgarh Through its Secretary Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District- Raipur (C.G.) 2 - The Commissioner, Raipur Division, Raipur (C.G.) 3 - The Collector, District- Raipur (C.G.) 4 - The Sub-Divisional Officer (R.) Sub Division- Abhanpur, District- Raipur (C.G.) 5 - The Tehsildar Tehsil- Gobra Nawapara, District- Raipur (C.G.) 6 - Shiv Kumar Markam S/o Latkhor Markam Aged About 65 Years R/o Village - Paragaon, Tehsil- Gobra Nawapara, District- Raipur (C.G.) 7 - Dushyant Nagarchi S/o Dharmu Nagarchi Aged About 25 Years R/o Village - Paragaon, Tehsil- Gobra Nawapara, District- Raipur (C.G.) 8 - Smt. Nilbai Dhruw W/o Ramji Dhruw Aged About 70 Years R/o Village - Paragaon, Tehsil- Gobra Nawapara, District- Raipur (C.G.) ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Rajesh Kumar Kesharwani, Advocate For Respondent-State : Ms. Anuja Sharma, Panel Lawyer YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.05.08 11:11:53 +0530 2 Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 06.05.2025 1. Heard Mr. Rajesh Kumar Kesharwani, learned counsel for the petitioner. Also heard Ms. Anuja Sharma, learned Panel Lawyer for the State/respondents No.1 to 5. 2. The petitioner has filed instant petition with the following relief(s):- “a. This Hon'ble Court may kindly be pleased to issue a writ in the nature of mandamus or suitable direction to the respondent authorities for handing over the possession of the agriculture lands bearing Khasra No. 277 situated in Village-Paragaon, P. H No. 45, Tehsil Gobra Nawapara, District Raipur from the unauthorized possession of the respondent no. 06 to 08. b. This Hon'ble Court may kindly be pleased to direct the respondent authorities for taking appropriate disciplinary action against the respondent no. 05 for not performing his duty in accordance with law and to award the monetary compensation to the petitioner. 3 c. This Hon'ble Court kindly be pleased to allow any other relief as the Hon'ble Court may be deemed fit and proper.” 3. Brief facts of the case, are that the petitioner is the owner of agricultural land situated at Village Paragaon, P. H. No. 45, R.I.C. Nawapara, Tehsil Abhanpur (now Gobra Nawapara), District Raipur (C.G.). Respondents No.6 to 8 encroached upon the agricultural land of the petitioner, thus, the petitioner had submitted the applications for demarcation of agricultural lands before the Naib Tehsildar, Gobra Nawapara upon which, demarcation was conducted by the revenue authorities and prepared the report and submitted the same before the Naib Tehsildar, Gobra Nawapara. Thereafter, the petitioner had filed four applications under Section 250 of Chhattisgarh Land Revenue Code, 1959 (for short, ‘the Code, 1959’) against the respondents No.6 to 8 before the Naib Tehsildar, Gobra Nawapara with a request to remove and dispossess the encroachment made by respondents No.6 and 8 from his ownership agricultural lands. The Naib Tehsildar, Gobra Nawapara had rejected the revenue cases against which the petitioner then filed appeals before respondent No.4, i.e. Sub- Divisional Officer, Abhanpur, District Raipur. After hearing in all cases, respondent No.4 has passed the orders and allowed all the appeals preferred by the petitioner. 4 4. Thereafter, respondents No.6 to 8 had filed Second Appeal before respondent No.2 i.e. the Commissioner, Raipur Division, Raipur but the same was rejected by respondent No.2 and affirmed the order passed by the Sub-Divisional Officer (R), Abhanpur, against which, a revision was preferred before the Board of Revenue, Circuit Court, Raipur, which was rejected by the Board of Revenue. The warrant of dispossession was issued on 29.10.2024 with a direction to handover the possession to the petitioner and informed to the Court. Despite the above orders of warrant of dispossession, till date, the petitioner has not been granted vacant possession of agricultural lands and respondent No.5 has failed to handover the possession of the agricultural lands to the petitioner, which is an unauthorized possession of respondents No.6 to 8. 5. Learned counsel for the petitioner submits that even after getting the orders in his favour in a proceedings under Section 250 of the Code, 1959, the concerned Tahsildar, Gobra Nawapara is coming ahead for resorting the possession in respect of the land of the petitioner, as such, a direction be issued to the concerned Tahsildar, Gobra Nawapara to consider the case of the petitioner within a short span. 6. Be that as it may, the concerned Tahsildar, Gobra Nawapara is directed to take up the matter and to pass appropriate orders as well as necessary action to be taken against respondent No.5 5 within an outer limit of 60 days from the date of production of certified copy of this order. 7. With the aforesaid directions/observations, the writ petition stands disposed of. Sd Sd/- (Amitendra Kishore Prasad) Judge Yogesh