1 2025:CGHC:57160 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6157 of 2025 1 - Rajkumar Prajapati Alias Rajkumar Paade S/o Shri Lallu Ram Paade Aged About 42 Years R/o Village Salpha, Tehsil Sargaon, Distt. Mungeli, Chhattisgarh. ... Petitioner Versus 1 - State Of Chhattisgarh Through The Secretary Urban Administration Department Mantralaya Mahanadi Bhawan, Capital Complex Atal Nagar, Nawa Raipur, Distt. Raipur, Chhattisgarh. 2 - Collector Mungeli, Distt. Mungeli, Chhattisgarh. 3 - The Tehsildar Tehsil Sargaon, Distt. Mungeli, Chhattisgarh. 4 - Gram Panchayat Salpha Through Its Secretary Gram Panchayat Salpha Janpad Panchayat Sargaon, Tehsil Pathariya, Distt. Mungeli, Chhattisgarh. ... Respondents For Petitioner : Mr. Sumit Shrivastava, Advocate For Respondents/State : Ms. Upasna Mehta, Dy. Government Advocate SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 25 /11/2025 1. The petitioner has filed this writ petition seeking following reliefs:- “10.1 That, the Hon’ble Court may kindly be pleased to issue an appropriate writ, order or direction, thereby quashing and setting-aside the Eviction Order (Bedakhli Adesh) dated 17/11/2025 (Annexure P/1) passed by the Respondent No. 3. 2 10.2 That, the Hon’ble Court may kindly be pleased to issue a writ of mandamus or any other appropriate writ, order or direction directing the Respondent No. 2 t conduct a fresh and proper demarcation (Simankan) of the land in question (Khasra No. 21, Rakba 0.631 hectares) in the presence of the petitioner and all concerned parties. 10.3 That, this Hon’ble Court may kindly be pleased to direct the Respondent No. 3 to decide the matter afresh after considering the fresh demarcation report and providing the petitioner a full and fair opportunity of hearing. 10.4 That, this Hon’ble Court may kindly be pleased to pass any other order or direction as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case. ” 2. During the course of arguments, learned counsel for the petitioner submits that from the documents enclosed along with the writ petition, it appears that the petitioner has admitted that in some portion of the land bearing Khasra No. 21, the petitioner is in encroachment of the land. He also contended that according to his instructions, the petitioner has started removing his possession from the encroached portion of the land, however, it may take sometime. He contended that the Respondent No. 3/Tehsildar vide eviction order dated 17.11.2025 (Annexure P/1) have granted only 02 days time to remove the encroachment which may not be possible within a short period of only 02 days as granted by the Tehsildar and therefore, prays that the petitioner may be granted reasonable time to remove the encroachment/possession over the encroached portion of the government land. 3. On the other hand, learned counsel for the Respondents/State opposes submission of counsel for the petitioner and would submit that from the documents enclosed along with the writ petition, it is appearing that the petitioner have encroached over the government land, admitted it and therefore, no relief as prayed for can be granted. 4. I have heard learned counsel for the parties and also perused the documents placed on record. 3 5. Taking into consideration, facts and circumstances of the case, submission of counsel for the respective parties and nature of grievance raised by the petitioner in particular submission of the counsel for the petitioner that earlier, the Respondent No. 3/Tehsildar has issued show- cause notice to the petitioner and before the Tehsildar, he has admitted that he is in encroachment of some portion of the land bearing Khasra No. 21 and has prayed for time to remove his possession from the encroached portion of the land, without entering into the merits of the claim of the petitioner, I find it appropriate to dispose of this writ petition at this stage granting the petitioner 45 days time to remove the possession/encroachment over the government. For a period of 45 days, no coercive steps shall be taken against the petitioner pursuant to the eviction notice dated 17.11.2025. 6. With the aforesaid observation and direction, this writ petition stands disposed of. Sd/- (Parth Prateem Sahu) Judge Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY