Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:10461
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1185 of 2025 1 - Jagan Ram Paikra S/o Late Premsai Paikra Aged About 70 Years R/o Village - Sadwar (Harratikra), Tahsil - Ambikapur, District - Sarguja (C.G.)
... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur (C.G.) 2 - Collector Ambikapur, District - Sarguja (C.G.) 3 - Tahsildar Tahsil - Ambikapur, District - Sarguja (C.G.) 4 - Naib Tahsildar Tahsil - Ambikapur, District - Sarguja (C.G.)
... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Shyamta Prasad Sannat, Advocate. For Respondent/State : Shri Nupoor Sonkar, Panel Lawyer. SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.03.04 22:06:53 +0530
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Hon'ble Shri
Bibhu Datta Guru
, Judge
Order on Board 04.03.2025
1. By the present writ petition, the petitioner is questioning (Annexure P/1) dated 27.01.2024 by which the Naib Tehsildar has issued an eviction notice to the petitioner pursuance to the order of Tehsildar dated 20.09.2023 and 04.01.2024 passed in Revenue Case No , alleging that the petitioner has encroached over a government land bearing khasra no. 183/1 area of 0.020 hectare. 2. Learned counsel for the petitioner would submit that the Tehsildar has issued the notice for removal of encroachment by treating the land as Government land, though the land in question is owned by the petitioner himself. 3. Learned State counsel would submit that the writ petition questioning the eviction notice is not maintainable, as the petitioner has not challenged the order passed in revenue proceeding no. 202309020700043/ब-121/2022-23 and 04.01.2024 and the removal of the encroachment notice has rightly been issued by the Naib Tehsildar as the petitioner has encroached upon the government land. 4. I have heard learned counsels for the parties and perused the impugned notice (Annexure P/1) dated 27.01.2024 issued by the Naib Tehsildar by which the Tehsildar has asked the petitioner to remove the encroachment as held by theTehsildar in order dated
3 dated 20.09.2023 and 04.01.2024 in revenue proceeding no. 202309020700043/ब-121/2022-23. 5.
It appears from the pleading and submission of the State counsel that the petitioner has not questioned or challenged the order of the Tehsildar dated 20.09.2023 and 04.01.2024, in which the Tehsildar has held that the petitioner has encroached on the government land, hence in absence of a challenge to the order by the Tehsildar dated 20.09.2023 and 04.01.2024. The writ petition questioning the notice of removal of encroachment is not maintainable and the writ petition filed by the petitioner without any substance deserves to be and is hereby dismissed. Sd/-
(Bibhu Datta Guru) Judge Shoaib