1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 500 of 2026  Raj Singh Banjare S/o Pokhan Banjare Aged About 35 Years R/o Ward No 8 Sambalpur Village Sambalpur Janpad Panchayat Nawagarh Tahsil Nawagarh Distt Bemetara (C.G.) --- Petitioner(s) versus 1. State Of Chhattisgarh Through Secretary Department Of Panchayat Mahanadi Bhawan Mantralaya Atal Nagar Nawa Raipur Distt Raipur (C.G.) 2. Collector Bemetara Distt Bemetara (C.G.) 3. Sub- Divisional Officer (Revenue) Nawagarh Distt Bemetara (C.G.) 4. Tahsildar Tahsil Nandghat Distt Distt Bemetara (C.G.) 5. Sarpanch/ Secretary Gram Panchayat Sambalpur Tahsil Nawagarh Distt Bemetara (C.G.) --- Respondent(s) WPC No. 504 of 2026  Lorensh Dehere @ Prince S/o Ramesh Dehere, Aged About 25 Years Caste Satnami, R/o Village Sambalpur, Tahsil Nandghat, District- Bemetara (Chhattisgarh) ---Petitioner(s) Versus 1. State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mahanadi Bhawan, Atal Nagar, New Mantralaya Naya Raipur, District- Raipur (C.G.) 2. Collector, Bemetara, District- Bemetara (C.G.) 3. Sub Divisional Officer (Rev.), Nawagarh, District- Bemetara (C.G.) 4. Tahsildar , Tahsil Nandghat, District- Bemetara (C.G.) --- Respondent(s) For Petitioners : Mr. Arvind Dubey, Advocate along with Mr. Roshan Dubey, Advocate For State : Mr. Abhishek Gupta, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2026.02.03 15:37:55 +0530 2 Order on Board 03.02 .2026 1. Both the petitions have been preferred by the petitioners seeking following relief :- 10.1 That, this Hon'ble Court may kindly be pleased to call for the records of the case of the petitioner. 10.2 That, this Hon'ble Court may kindly be pleased to quash/set aside the notice dated 30.1.2026 Annexure P/1(in both cases). 10.3 Any other relief may also be granted to the Petitioner which this Hon'ble Court deems fit in facts and circumstances of the case. 2. Mr. Arvind Dubey would submit that petitioners are in possession of government land bearing survey No. 370 admeasuring 0.02 hectare out of 0.430 hectare situated at Gram Panchayat Sambalpur, Patwari Circle No. 04, Tahsil Nandghat, District Bemetara. He would submit that the petitioners have raised construction of dwelling house and shops and they are residing there along with their family since 50 years. He would submit that show-cause notices have been issued by the Tahsildar, Nandghat, District Bemetara on 30.01.2026 according to the provisions of Section 248 of Chhattisgarh Land Revenue Code, 1959 and without affording any opportunity of hearing, two days time has been granted to remove encroachment. Mr. Dubey would submit that the concerned Tahsildar should have followed the procedure provided under Section 248 of Land Revenue Code, 1959. He would submit that without affording any opportunity of hearing, the concerned Tahsildar has passed final order, which is per se illegal and void ab-initio. He would pray to quash the show-cause notices issued by the Tahsildar dated 30.01.2026. 3 3. On the other hand, Mr. Abhishek Gupta, would oppose the submissions made by Mr. Dubey. Mr. Gupta would submit that the petitioners are encroachers of government land, and therefore, the proceedings have been initiated by the Tahsildar according to the provisions of Section 248 of Chhattisgarh Land Revenue Code, 1959. He would contend that the petitioners have been granted opportunity to produce relevant documents, but they failed, and therefore, concerned Tahsildar granted them two days time to remove the encroachment. 4. I have heard learned counsel for the parties and perused the documents placed on record. 5. Section 248 of Chhattisgarh Land Revenue Code, 1959 is reproduced herein-below :- “248. Penalty for unauthorisedly taking possession of land. (1) Any person who unauthorisedly takes or remains in possession of any unoccupied land, abadi, service land or any other which has been set apart for any special purpose under Section 237 or upon any land which is the property of Government, or any authority, body corporate, or institution constituted or established under any State enactment, may be summarily ejected by order of the Tahsildar and any crop which may be standing on the land and any building or other work which he may have constructed thereon, if not removed by him within such time as the Tahsildar may fix shall be liable to forfeiture. Any property so forfeited shall be disposed of as the Tahsildar may direct and the cost of removal of any crop, building or other work and of all works necessary, to restore the land to its original condition shall be recoverable as an arrear of land revenue from him. Such person shall also be liable at the discretion of the Tahsildar to pay the rent of the land for the period of unauthorised occupation at twice the rate admissible for such land in locality and to a fine which may extend to [twenty five thousand rupees] [Substituted 'five thousand rupees' by C.G. Act No. 14 of 2011, dated 3.5.2011.] and to a further fine which may extend to [two hundred rupees] [Substituted 'twenty rupees' by C.G. Act No. 14 of 2011, dated 4 3.5.2011.] for every day on which such unauthorised occupation or possession continues after the date of first ejectment. The Tahsildar may apply the whole or any part of the fine to compensate persons, who may in his opinion have suffered loss or injury from the encroachment : Provided that the Tahsildar shall not exercise the powers conferred by this sub-section in regard to encroachment made by buildings or works constructed- (i)in the Mahakoshal region- (a)in areas other than the merged States before the first day of September, 1917; (b)in the merged States, before the third day of April, 1950; (ii)in the Madhya Bharat region, before the fifteenth day of August, 1950; (iii)in the Vindhya Pradesh region, before the first day of April, 1955; (iv)in the Bhopal region, before the eighth day of November, 1933; and (v)in the Sironj region, before the first day of July, 1958. Explanation. - For the purposes of this sub-section "Merged States" shall have the meaning assigned to it in the Chhattisgarh Merged States Laws (State) Act, 1950 (XII of 1950). (1-A) On a resolution duly passed by the Gram Panchayat in respect of any unauthorised possession, the Tahsildar shall start and complete the proceedings under this section within thirty days from the date of receipt of the information of such resolution and shall communicate the action taken by him to the Gram Panchayat. (2)It shall not be competent to the Tahsildar to impose a fine of amount exceeding [ten thousand rupees] [Substituted 'one thousand five hundred rupees' by C.G. Act No. 14 of 2011, dated 3.5.2011.] but if in any case he considers that circumstances of the case warrant imposition of a higher fine, he may refer the case to the Sub-Divisional Officer who shall, then, after giving the party concerned an opportunity of being heard, pass such orders in respect of line as he may deem fit. (2-A) If any person continues in unauthorised occupation or possession of land for more than seven days after the date of order of ejectment under sub- section (1), then without prejudice to the fine that may be imposed thereunder the Sub-Divisional Officer 5 shall cause him to be apprehended and shall send him with a warrant to be confined in a civil prison for a period of fifteen days in case of first ejectment and three months in case of second or subsequent ejectment :Provided that no action under this sub- section shall be taken- (i)unless a notice is issued calling upon such person to appear before the Sub-Divisional Officer on a day to be specified in the notice and to show cause why he should not be committed to the civil prison; (ii)in respect of encroachments on Government and Nazul lands for the settlement of which the Government have issued orders from time-to- time :Provided further that the Sub-Divisional Officer may order the release of such person from detention before the expiry of the period mentioned in the warrant if he is satisfied that the unauthorised possession has been vacated :Provided also that no woman shall be arrested or detained under this sub- section. (2-B) The State Government may make rules for the purpose of carrying into effect the provisions of sub- section (2-A). 2[(3) Notwithstanding anything contained in the Code, the State Government or any officer, authorized by the State Government, entmay do settlement of encroachments prior to the date fixed by the State Government time-to-time and the State Government may make rules in this relation.” 6. Bare reading of above-quoted provision would make it clear that the concerned Tahsildar is under obligation to afford opportunity to person who has encroached over the Government land. In the present case, the Tahsildar, Nandghat without complying with the provisions of Section 248 and without affording any opportunity of hearing directly passed final order of eviction, which is not in consonance with the provisions of Section 248 of Chhattisgarh Land Revenue Code, 1959. 7. Taking into consideration the fact discussed-above and the provisions of Section 248 of Chhattisgarh Land Revenue Code, 1959, show-cause 6 notices issued in both the writ petitions dated 30.01.2026 by the Tahsildar, Nandghat, District Bemetara are hereby quashed. 8. The authority concerned shall be at liberty to initiate a fresh proceeding strictly in accordance with the mandate of Section 248 of Chhattisgarh Land Revenue Code, 1959. 9. Accordingly, both the writ petitions are hereby allowed. Sd/- (Rakesh Mohan Pandey) Judge $iddhant