1 2025:CGHC:59057 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6348 of 2025 1 - Santosh Kumar Rajak S/o Late Shri Chand Aged About 46 Years R/o Ward No. 19, Tarbahar Bilaspur, District- Bilaspur (C.G.) ... Petitioner Versus 1 - Union Of India Through Secretary, Ministry Of Railway, Raisina Road New Delhi. 2 - General Manager South East Central Railway, Bilaspur District- Bilaspur (C.G.) 3 - Indian Railway Office Of Gatishakti Bilaspur District- Bilaspur (C.G.) 4 - Collector Bilaspur District- Bilaspur (C.G.) 5 - Sub Divisional Officer (Revenue) Bilaspur District- Bilaspur (C.G.) 6 - Tahsildar Bilaspur District- Bilaspur (C.G.) ... Respondents For Petitioner : Mr. Rajendra Kumar Patel, Advocate For Respondents No. 1 to 3 : Mr. Niraj Baghel, Advocate on behalf of Mr. Ramakant Mishra, Dy. Solicitor General For Respondents No. 4 to 6 : Mr. Soumitra Kesharwani, Panel Lawyer S.B.: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 05.12.2025 1. Petitioner has filed this writ petition, seeking following reliefs:- “10.1 This Hon’ble Court may kindly be pleased to call for the entire records pertaining to the 2 case of the petitioner from the possession of the respondents for its kind perusal. 10.2 That, the Hon’ble Court may kindly be pleased to allow this petition and quash the notice dated 30.10.2025 issued by the respondent no. 3. 10.3 Any other relief or relief(s) which this Hon’ble Court may think proper in view of the facts and circumstances of the case may also kindly be granted.” 2. Learned counsel for petitioner submits that respondent no. 3 has issued a notice to petitioner for removing superstructure constructed over his own land mentioning that the land is owned/recorded in name of Railways, which is not correct. Construction of petitioner is on his own land bearing Khasra No. 879/1. 3. Learned counsel for Respondent no. 1 to 3 would oppose the submission made by counsel for petitioner and would submit that petitioner is in possession of land and with superstructure construction on the land bearing Khasra No. 879, therefore, there is no arbitrariness in the notice issued to petitioner. 4. I have heard learned counsel for the respective parties, ans also perused the documents enclosed along with this writ petition. 5. Taking into consideration the grievances raised in this writ petition by the petitioner and submission made by counsel for respondent no. 1 to 3 would show that there is dispute of identity of land and therefore, it will be in the interest of both the parties, if land is demarcated and thereafter, proceedings of eviction be proceeded. Therefore, this writ petition is disposed of at this stage, directing concerned respondent authorities to get the land subject matter of writ petition demarcated by 3 submitting an appropriate application before the respondent no. 5 and 6 and in the event the respondent authorities submit an application before the respondent no. 5 and 6 shall take necessary steps for demarcating the land within a further period of four weeks from the date of receipt of application in presence of both the parties. 6. It is further directed that the petitioner shall cooperate at the time of demarcation proceedings. It is also directed that if the petitioner is found in encroachment over the land of the respondent/Railways, then, the respondents shall issue appropriate notice granting the petitioners breathing time for removing their encroachment over the subject land. It is also directed that till demarcation proceedings is concluded, status- quo as it exists today with respect to the land, subject matter of writ petition shall be maintained by the parties. 7. With the aforesaid observation and directions, this writ petition stands disposed of. 8. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY