Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:6752
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 793 of 2025 1 - Abhinesh Singh S/o Shri Brijnandan Singh Aged About 50 Years Caste - Kshatriya, R/o Ward No.15, Baloda, Police Station- Baloda, Distt. Janjgir-Champa (Cg)
Petitioner(s) versus 1 - State Of Chhattisgarh Through Collector, Distt. Janjgir-Champa (Cg) 2 - Ramkishun Sahu S/o Late Shri Khemnath Sahu Aged About 63 Years R/o Village-Baloda, Tahsil-Baloda, Distt. Janjgir-Champa (Cg)
Respondent(s) For Petitioner(s) : Mr. Vivek Kumar Shrivastava, Advocate For Resp. No.1. : Mr. Shreyansh Mehta, PL (HON’BLE SHRI JUSTICE BIBHU DATTA GURU)
Order on Board 06/02/2025
1. By the present writ petition, the petitioner is seeking a direction towards the Collector, Janjgir-Champa to take immediate steps for removal of illegal encroachment made by respondent No.2 on the govt. land. RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.02.07 10:24:03 +0530
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Learned counsel for the petitioner submits that though by various forums, the appeal and revision preferred by respondent No. 2 has been rejected, inspite of the said fact, the respondent’ authority including Tahsildar has not taken proper steps for removal of illegal encroachment made by respondent No.2.
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Learned counsel for the State, by referring to the order sheet of Tahsildar dated 29/11/2024 at page-55, submits that the Tahsildar has already taken initiative by issuing a notice under Section 248 of the Chhattisgarh Land Revenue Code, 1959 for eviction. He submits that the Tahsildar will pass appropriate order within stipulated period.
4. I have heard counsel for the parties and perused the proceedings and documents placed in the writ petition.
5. From perusal of the writ petition, it appears that there are several orders of Revenue Courts i.e. 18/02/2013, 14/10/2014 and 12/08/2017 and even, the writ petition filed by respondent No.2 has been dismissed vide order dated 13/08/2024 and subsequently, the appeal preferred by him has also been dismissed on 26/11/2024. After dismissal of the writ petition and writ appeal, the proceeding has been initiated by the Tahsildar under Section 248 of the Chhattisgarh Land Revenue Code, 1959 on 28/10/2024, but till date no final order has been passed by the Tahsildar. It also appears from the order sheet dated 29/11/2024 that the Tahsildar had directed respondent No.2 to submit necessary documents/papers and to comply with the orders
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6. As the proceeding is pending since 2012, the Tahsildar, Janjgir- Champa is directed to conclude the proceeding drawn by him within a period of 45 days from today in accordance with law and pass the necessary order.
7. With the aforesaid directions, the writ petition is disposed of. Sd/- (BIBHU DATTA GURU)
JUDGE Rahul