Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:7685
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 875 of 2025 1 - Gram Panchayat Tarighat Through Its Sarpanch, Ashok Kumar Sahu, Sarpanch, Gram Panchayat, Tarighat, Janpad Panchayat Patan, District Durg, Chhattisgarh.
... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, Mantralaya Mahanadi Bhawan, New Raipur, Chhattisgarh. 2
- The
Collector
District
Durg,
Chhattisgarh 3 - Sub Divisional OfÏcer Patan, District Durg, Chhattisgarh 4 - Tahsildar, Tahsil Patan, District Durg, Chhattisgarh 5
- Superintendent
Of
Police
Durg,
Chhattisgarh. 6 - Station House OfÏcer Police Station- Patan, District Durg, SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.02.13 22:27:17 +0530
2 Chhattisgarh 7 - Gendlal Sinha S/o Late Thakuram Sinha Aged About 58 Years By Caste Kalar, R/o Village- Tarighat, Tahsil Patan, District Durg, Chhattisgarh 8 - Guman S/o Late Thakuram Sinha Aged About 57 Years R/o Village- Tarighat, Tahsil Patan, District Durg, Chhattisgarh
... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Gurudev I. Sharan, Advocate. For Respondents/State : Shri Shreyansh Mehta, Panel Lawyer.
Hon'ble Shri
Bibhu Datta Guru
, Judge
Order on Board 13.02.2025
1. By the present writ petition, the petitioner is seeking a direction towards the respondent to comply with the order dated 15.02.2021 by which the Naib Tehsildar has directed removal of encroachment from respondent no. 7 & 8.
2. Learned counsel for the petitioner would submit that the order of the Tehsildar has been passed in a revenue proceeding on 15.02.2021, however till date the Tehsildar is not taking any steps for removal of the encroachment made by the respondent no. 7 & 8.
Learned counsel for the petitioner further submits that there is no interim order continuing in favour of the respondent no. 7 & 8, though an appeal was pending before the Collector, by which the
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order of Tehsildar dated 15.02.2021 is under challenge. Learned counsel further submits that the order of the Tehsildar by which the removal of encroachment order has been passed is not being complied with only to protect the respondent nos. 7 & 8 who are illegal encroacher.
3. Learned State counsel submits that if there is no interim order continuing in favour of the respondent no. 7 & 8 from any higher forum, the Tehsildar shall take necessary steps for compliance of his order dated 15.02.2021.
4. I have heard both the parties and perused the order (Annexure P/2) dated 15.02.2021 which has been passed by the Court of Tehsildar in revenue case no. 201803100900055/40 अ-68 व्ቧ 2017-2018.
5. Learned Tehsildar by exercising power under Section 248(1) of the CGLRC has directed removal of encroachment, however, the said
order has not been complied with, though three year has already been expired, hence it is directed that the respondent/SDO Patan shall look into the matter and take necessary steps for proper compliance of the order of the Tehsildar, if there is no interim order continuing in favour of the respondent nos. 7 & 8 and there is no stay order against the order dated 15.02.2021 (Annexure P/2).
6. With the aforesaid direction, the writ petition is disposed of. Sd/-
(Bibhu Datta Guru) Judge Shoaib