1 2026:CGHC:26145 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4275 of 2022 Purushottam Prasad Chandrakar S/o Late Shri Janakram Chandrakar, Aged About 78 Years R/o Village Garhwat, P.O. Garhwat, Police Station Ratanpur,, District : Bilaspur, Chhattisgarh --- Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Government Of Chhattisgarh, Department Of Revenue And Disaster Management, Mantralaya, Atal Nagar, Nava Raipur, Chhattisgarh. 2 - Secretary, Government Of Chhattisgarh, Department Of Panchayat And Rural Development, Mahanadi Bhawan, Atal Nagar, Raipur, Chhattisgarh. 3 - Commissioner, Bilaspur Division, Bilaspur, Chhattisgarh. 4 - Collector Bilaspur, Bilaspur, Chhattisgarh. 5 - Sub Divisional Officer, (Revenue), Bilaspur, District Bilaspur Chhattisgarh. 6 - Tehsildar, Tehsil Bilaspur,, District : Bilaspur, Chhattisgarh 7 - Naib -Tehsildar, Tehsil Bilaspur, District : Bilaspur, Chhattisgarh 8 - Tehsildar, Tehsil Beltara, District : Bilaspur, Chhattisgarh SHYNA AJAY Digitally signed by SHYNA AJAY Date: 2026.06.27 14:19:37 +0530 2 9 - Gram Panchayat Garhwat Through Its Secretary, Village Garhwat, P.O. Garhwat, Police Station Ratanpur, District : Bilaspur, Chhattisgarh 10 - Chandra Prakash Kashyap S/o Late Shri Sahettar Prasad Kashyap, Aged About 61 Years Working As Patwari, R/o Village Garhwat, P.O. Garhwat, Police Station Ratanpur, District : Bilaspur, Chhattisgarh --- Respondent(s) (Cause Title downloaded from CIS Periphery) For Petitioner(s) : Mr. Aman Tamboli, Advocate For Respondent/ State Respondent No.10 : : Mr. SS Choubey, Government Advocate Mr. Pawan Shrivastava, Advocate SB: Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 25/06/2026 1. Heard. 2. By way of this petition, the petitioner seeks the following reliefs : 10.1 That this Hon'ble Court be pleased to call for the entire records from the respondents for its kind perusal. 10.2 That this Hon'ble Court be pleased to issue a writ in the nature of mandamus directing the state authorities to take appropriate action against Respondent No. 10 by considering the complaints made against him and ensure removal of all the illegal erections and constructions raised by him causing nuisance to petitioner and his family members. 10.3 That this Hon'ble Court be further pleased to issue a Writ in the nature of Mandamus directing the Respondents No.1 and 2 to take 3 strict actions against the delinquent officers of their department who are not performing their duties. 10.4 This Hon'ble Court be further pleased to pass such other orders as it may deem fit under the facts and circumstances of the case. 3. Learned counsel for the petitioner submits that a proceeding has been initiated by the Gram Panchayat, Garhwat, wherein, according to the petitioner, a resolution has already been passed against respondent No.10 regarding an illegal construction over a public road. However, no action has yet been taken against respondent No.10. 4. Per contra, learned counsel for the State submits that since a proceeding has been filed before the concerned Tehsildar, the petitioner is required to pursue his application before the concerned Tehsildar under the proviso to Section 56(2) of the Panchayat Raj Adhiniyam (in short “the Adhiniyam”). Under the said proviso, it is stipulated that notwithstanding anything contained in sub-section (1) and sub-section (2) of Section 56 of the Adhiniyam if the Gram Panchayat resolves to remove any hindrances, obstruction or, encroachment on any land vested in the State Government it may refer to the Tehsildar to remove such hindrances, obstruction or encroachment from such land and the Tehsildar shall proceed to do so under the provisions of the Chhattisgarh Land Revenue Code, 1959. He submits that in the instant case, the matter is presently pending adjudication before the Tehsildar. 4 5. Considering the facts and circumstances of the case, particularly considering the submissions advanced by learned counsel for the State, since the matter is pending adjudication before the concerned Tehsildar, this Court deems it appropriate to direct the petitioner to pursue his remedy before the concerned Tehsildar and in turn, the concerned Tehsildar is directed to pass an appropriate order in accordance with law expeditiously. 6. With the aforesaid observations/directions, the Petition is finally disposed of. Sd/- (Amitendra Kishore Prasad) Judge Shyna Ajay