1 2025:CGHC:29439 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 811 of 2021 1. Budharu Ram S/o Kartik Ram Aged About 44 Years R/o Village Rengakathera, Ranitarai, Tahsil Patan, District Durg Chhattisgarh., District : Durg, Chhattisgarh 2. Shiv Kumar S/o Jaliram, Aged About 50 Years R/o Village Rengakathera, Ranitarai, Tahsil Patan, District Durg Chhattisgarh., District : Durg, Chhattisgarh 3. Harishankar Chaturvedi, S/o Mangalu Chaturvedi, Aged About 39 Years R/o Village Rengakathera, Ranitarai, Tahsil Patan, District Durg Chhattisgarh., District : Durg, Chhattisgarh ... Petitioner(s) versus 1. State Of Chhattisgarh Through Secretary, Department Of Revenue, Mahanadi Bhawan, Mantralaya New Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2. Collector, Durg, District Durg Chhattisgarh., District : Durg, Chhattisgarh 3. Tahsildar, Tahsil Patan, District Durg Chhattisgarh., District : Durg, Chhattisgarh 4. Sarpanch Gram Panchayat, Rengakathera, Ranitarai, Tahsil Patan, District Durg Chhattisgarh., District : Durg, Chhattisgarh ... Respondent(s) (Cause Title is taken from Case Information System) For Petitioners : None. For State : Mr. Lav Sharma, Panel Lawyer For Respondent No. 4 : Mr. Utkarsh Patel, Advocate holding the brief of Mr. Pushpendra Kumar Patel, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 01. 07.2025 1. By way of this petition, the petitioners have sought the following relief(s):- SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2025.07.02 11:10:26 +0530 2 “10.1 That, the Hon'ble Court may kindly be pleased to quash the impugned final notice dated 14.12.2020 & 01.02.2021 (Annexure P-1) issued by the respondent no. 4 whereby removal of the house of the petitioners and further this Hon'ble Court may kindly be pleased to direct the respondent authorities that before removal of the house of the petitioners provide an alternate arrangement to the petitioners may be provided for the rehabilitation, or further any accommodation may be provided, in the interest of justice. 10.2 That, the Hon'ble Court may kindly be pleased to direct the respondent authorities not to cover the entire land by the fencing because if once the fencing is made the petitioners were not able to cross there land and may not be able to go into their houses. 10.3 That, the Hon'ble Court may kindly be pleased to direct respondent authorities that if possible, then may imposed some fine amount and allot the name as a temporary in the name of the petitioners, in the interest of justice. 10.4 Any other relief, which the Hon'ble Court may deem fit and proper in the facts and circumstances of the case may also be granted.” 2. The petitioner has pleaded that notices have been issued by the Sarpanch of the Gram Panchayat for removal of encroachment. 3. Learned counsel for the respondents would submit that there is efficacious alternative remedy available to the petitioner to prefer an appeal before the Sub-Divisional Officer(Revenue). 4. Heard. 5. According to the provisions of Chhattisgarh Panchayats (Appeal and Revision) Rules, 1995, particularly Rule 3, the order/resolution passed by 3 the Panchayat would be appealable before the Sub-Divisional Officer(Revenue), thus, this petition in its present form is not maintainable, accordingly dismissed. However, the petitioner would be at liberty to take recourse to law. 6. Interim order passed on 04.02.2021 is hereby vacated. Sd/- (Rakesh Mohan Pandey) Judge $iddhant