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2026 DAILYLAW 14828 (CHH)

BIJU NISHAD v. STATE OF CHHATTISGARH

WPC/1450/2026 · 2026-04-26

Shri Amitendra Kishore Prasad

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Judgment text

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1 2026:CGHC:19349 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1450 of 2026 1 - Biju Nishad S/o Late Janau Nishad Aged About 70 Years R/o Village Patharra P.S. And Tahsil Lormi Distt.- Mugeli (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, Mahanadi Bhawan, Mantralaya, New Raipur (C.G.) 2 - The Chief Executive Officer District Panchayat Mugeli (C.G.) 3 - The Chief Executive Officer Janpad Panchayat Lormi, District Mugeli (C.G.) 4 - The Secretary Gram Panchayat Patharra Janpad Panchayat Lormi, District Mugeli (C.G.) 5 - Kamlesh Dhruv/ Present Sarpanch Gram Panchayat Patharra Janpad Panchayat Lormi, District Mugeli (C.G.) 6 - Kanhaiya Yadav/ Present Up- Sarpanch Gram Panchayat Patharra Janpad Panchayat Lormi, District Mugeli (C.G.) 7 - The Collector District Mugeli (C.G.) 8 - The Superintendent Of Police District Mugeli (C.G.) ... Respondent(s) For Petitioner(s) : Shri Avadhesh Mishra, Advocate. For State/ Res Nos.1, 7 & 8 : Shri Amit Nayak, PL. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 27/04/2026 1. This Writ Petition has been filed by the petitioner against the notices dated AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2026.04.29 10:49:52 +0530 2 06.02.2026, 18.03.2026 and 21.03.2026 issued by Respondent No.4 to 6 by which the petitioner has been directed to evict the encroached land which was proposed for building Anganwadi Centre in Gram Panchayat, Pathra. 2. Learned counsel for the petitioner submits that petitioner is a resident of village Pathra, Janpad panchayat and Tehsil Lormi. The house of the petitioner is there from the time of his ancestors. However, vide several notices, Respondent No.4 to 6 are asking the petitioner to evict the land and if the petitioner does not do the same then the petitioner will be solely responsible for actions thereafter. 3. Vide order dated 02.04.2026, learned State counsel was directed to seek instructions as to what action has been taken by the village panchayat patharra in pursuance of the notice dated 21.03.2026. 4. In compliance of order dated 02.04.2026, learned State counsel submits that he has taken instructions from Respondent Nos.4 to 6 and submits that no action is being taken by the authorities concerned against the petitioner in light of notices dated 06.02.2026, 18.03.2026 and 21.03.2026. As such, learned counsel for the State submits that nothing remains for adjudication in this petition. 5. Considering the submissions made by the counsel for the State who on instructions from the respondent authorities submits that respondent authorities will not take any coercive action against the petitioner in pursuance of the notices dated 06.02.2026, 18.03.2026 and 21.03.2026, as such, nothing remains for adjudication in this petition. 6. However, respondent authorities are at liberty to proceed with regard to the eviction proceedings in accordance with law, the respondents authorities shall give proper notice to the petitioner and after affording him due opportunity of hearing, pass appropriate orders in the matter. 3 7. It is also directed that the respondent authorities- Gram Panchayat shall not harass the petitioner regarding the eviction proceedings. 8. With the aforesaid observation/direction, this Writ Petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Avinash