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2025:CGHC:58828
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 644 of 2023 Krishna Kumar Verma S/o Shri Baliram Verma Aged About 47 Years R/o Village Bathena, Post Office - Bathena, Tehsil Patan, District : Durg, Chhattisgarh
... Petitioner(s) versus 1 - The Collector Durg, District - Durg Chhattisgarh 2 - The Tehsildar Patan, District - Durg Chhattisgarh 3 - Sub Divisional Officer (Revenue) Patan, District - Durg Chhattisgarh 4 - Dushyant Verma S/o Late Shri Firanta Verma R/o Village - Bathena, Tehsil - Patan, District - Durg Chhattisgarh
... Respondent(s) For Petitioner : Mr. B.P. Singh, Advocate For Resp. No. 1 to 3/State : Mr. Rishabh Bisen, Panel Lawyer For Respondents No.4 : Mr. Ashish Pandey, Advocate on behalf of Mr. N.K. Thakur, Advocate
SB:
Hon'ble Shri Parth Prateem Sahu, Judge
Order on Board 04/12/2025
1. Petitioner has filed this writ petition seeking following reliefs:
“10.1 That this Hon'ble Court may kindly be pleased to direct the Respondent Authority to take action against the Respondent No. 4 looking to the document annexed with this Petition. Digitally signed by PRAVEEN KUMAR SINHA Date: 2025.12.06 10:41:57 +0530
2 / 3 10.2 That this Hon'ble Court may kindly be pleased to direct the Collector and SDO to consider the application filed by the Petitioner and in light of Annexure P/3 suitable action be taken against the Respondent No. 4. 10.3 That any other relief which this Hon'ble Court deems fit and proper may also be granted in favor of the petitioner safeguarding her interest.”
2. Learned counsel for the petitioner submits that respondent No.4 encroaching upon Govt. land has raised construction of commercial complex over it and thereafter also leased out the same on rent. Petitioner, against encroachment on Govt. land by respondent No.4, has submitted representation before different authorities like Collector and Sub Divisional Officer. After receipt of complaint/application submitted by petitioner for removing encroachment, Sub Divisional Officer has called for report from concerned Revenue Inspector which was submitted on 31.10.2022, however, since then, no action has been taken on report and therefore a direction be issued to Sub Divisional Officer to consider complaint and report of Revenue Inspector dated 31.10.2022 and initiate appropriate proceedings. 3. Learned counsel for the State submits that in view of submission made by learned counsel for the petitioner referring to Annexure P-4 dated 31.10.2022 he is having no objection to the limited prayer made. 4. Learned counsel appearing for respondent No.4 opposes submission of learned counsel for the petitioner and submits that petitioner’s private land is not affected by the construction and, therefore, he is
3 / 3 having no locus to file this writ petition. 5. I have heard learned counsel for the parties and also perused the documents annexed along with writ petition. 6. Taking into consideration the submission of learned counsel for the parties in particular submission of learned counsel for petitioner that petitioner has submitted an application before the Collector and Sub Divisional Officer (R) informing them that respondent No.4 has encroached upon the Govt.
land and raised construction of commercial complex, report is also called for by Sub Divisional Officer (R) which was submitted on 31.10.2022 and as submitted by learned counsel for petitioner, no action has been taken on it, therefore, I find it appropriate to dispose off writ petition at this stage directing respondent No.3 to proceed further on complaint made by petitioner, if already not considered, keeping in mind the report called for and submitted by Revenue Inspector dated 31.10.2022, in accordance with law, expeditiously, preferably within a period of 6 months from the date of receipt of copy of this order. 7. With the aforesaid observation and direction writ petition stands
disposed off. Sd/- Sd/- (Parth Prateem Sahu)
Judge Praveen