1 2025:CGHC:56346 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6032 of 2025 1 - Nanaklal Phuljhele S/o Late Sundar Lal Phuljhele Aged About 79 Years R/o Rohanipuram, Daghaniya, District Raipur Chhattisgarh ... Petitioner Versus 1 - State Of Chhattisgarh Through Department Of Town And Country Planning, Indravati Bhawan, Block No. 04, 3rd Floor, Atal Nagar, Distt. Raipur Chhattisgarh 2 - The Collector, Raipur District Raipur Chhattisgarh 3 - The Municipal Corporation Raipur Through Commissioner Municipal Corporation Raipur, District Raipur Chhattisgarh 4 - Shri Sewak Ram Sathawne S/o Shri Somji Sathawne R/o Plot No. 43, Rohanipuram, Daghaniya, Tarun Nagar Pt. Dindayal Upadhyaya Ward No. 40, Raipur Chhattisgarh 5 - Shri Ravindra Tiwari R/o Plot No. 65, Rohanipuram, Daghaniya, Tarun Nagar Pt. Dindayal Upadhyaya Ward No. 40, Raipur Chhattisgarh 6 - Shri R.N. Pal R/o Plot No. 38, Rohanipuram, Daghaniya, Tarun Nagar Pt. Dindayal Upadhyaya Ward No. 40, Raipur Chhattisgarh 7 - Shri Prabhu Dayal Sharma R/o Plot No. 67, Rohanipuram, Daghaniya, Tarun Nagar Pt. Dindayal Upadhyaya Ward No. 40, Raipur Chhattisgarh ... Respondents For Petitioner : Mr. Dheeraj Wankhede, Advocate For Respondents No. 1 & 2/State : Mr. Satish Gupta, Government Advocate 2 For Respondent No. 3 : Mr. Pankaj Agrawal, Advocate SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 19 /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 direct the respondent authorities to remove illegal encroachment from the approach road leading to the petitioner’s plot. 10.2 That, the Hon’ble Court may kindly be pleased to direct the respondent authorities to take action against the private respondents for illegal encroachment restricting the petitioner from accessing the land. 10.3. That, the Hon’ble Court may further kindly be pleased to direct the respondent authorities to take action against erring government officers for supporting the private respondents in illegal encroachment upon the approach road. 10.4 That, the Hon’ble Court may further kindly be pleased to direct respondents to grant compensation to the petitioner for violation of his rights. 10.5 To kindly pass such other orders as this Hon’ble Court may deem just and proper in the facts and circumstances of the case, including the cost of the present petition.” 2. Learned counsel for the petitioner submits that the petitioner is owner of the land bearing Plot No. 66, Khasra No. 73/4, Ward No. 40, behind Shehnai Garden, Tehsil & District – Raipur, Chhattisgarh. He contended that the private respondents have made encroachment over the road number B -13 adjacent to the plot owned by the petitioner. The petitioner thereafter had submitted an application before the Respondent No. 2/Collector and also to the Respondent No. 3/Municipal Corporation, however, no action till date has been taken. He further contended that the encroachment is on a public road and therefore, the Respondent No. 2/Collector and the Respondent No. 3/Municipal Corporation would be the appropriate authority to take necessary action against the erring persons. 3. On the other hand, learned counsel for the Respondent No. 3/Municipal Corporation opposes the submission of counsel for the petitioner and 3 would submit that after receiving information, necessary steps have already been taken and the letter has been written to the concerned Tehsildar, Tehsil – Raipur for conducting demarcation of the area as mentioned therein in view of the complaint of the petitioner. However, till date, Tehsildar, Raipur has not submitted any demarcation report. 4. Learned counsel for the Respondents/State submits that as the Respondent No. 3/Municipal Corporation has already written a letter to the Tehsildar, Raipur for conducting demarcation proceeding, the demarcation of the land, subject matter of writ petition would be done at the earliest. 5. I have heard learned counsel for the parties and also perused the documents placed on record. 6. Taking into consideration, facts and circumstances of the case, submission of counsel for the respective parties and further considering the nature of grievance raised by the petitioner, regarding encroachment made by the private respondents herein over the public road and further that the Respondent No. 3/Municipal Corporation has already directed the Tehsildar, Raipur to conduct demarcation of the land, I find it appropriate to dispose of this writ petition at this stage directing the Tehsildar, Tehsil – Raipur to conduct the demarcation of the land as mentioned in the letter dated 10.10.2025 issued by the Respondent No. 3/Municipal Corporation Raipur in accordance with law giving notice to the parties including owners of the nearby land expeditiously, preferably within a period of 02 months from the date of receipt of the order. 7. With the aforesaid observation and directions, this writ petition stands disposed of. Sd/- (Parth Prateem Sahu) Judge Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY