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2026 DAILYLAW 23916 (CHH)

CHATHAN RAM v. STATE OF CHHATTISGARH

WPC/3084/2026 · 2026-06-29

Shri Amitendra Kishore Prasad

body2026

Judgment text

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1 2026:CGHC:26469 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3084 of 2026 1 - Chathan Ram S/o Bhola Ram Aged About 41 Years R/o Village Trishuli, Post Sanawal, Tahsil Ramchandrapur, District Balrampur- Ramanujganj Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Forest And Climate Change, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur Chhattisgarh 2 - The Principal Chief Conservator Of Forest Department Of Forest And Cliamte Change, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur Chhattisgarh 3 - The Collector District Balrampur-Ramanujganj Chhattisgarh 4 - The Division Forest Officer/ (D F O) Balrampur Forest Division Balrampur, District Balrampur-Ramanujganj Chhattisgarh 5 - The Sub-Divisional Officer (Revenue) Ramchandrapur, District VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 Balrampur-Ramanujganj Chhattisgarh 6 - The Tahsildar Tahsil Ramchandrapur, District Balrampur- Ramanujganj Chhattisgarh 7 - The Nayab Tahsildar Tahsil Ramchandrapur, District Balrampur- Ramanujganj Chhattisgarh 8 - The Perimeter Assistant (Parichhetra Sahayak) Dindo, Department Of Forest, District Balrampur-Ramanujganj Chhattisgarh ... Respondents (Cause-title taken from the Case Information System) ----------------------------------------------------------------------------------------------- For Petitioner(s) :- Mr. Navneet Kumar Yadav, Advocate For State :- Mr. S.S. Choubey, G.A. ----------------------------------------------------------------------------------------------- SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 30.06.2026 1. Learned counsel for the petitioner submits that the eviction notice issued to the petitioner for removal of the alleged encroachment is ex facie illegal, as the petitioner has never encroached upon the land in question. It is further submitted that, so far as Khasra No. 644 is concerned, the land belongs to the petitioner and proceedings for correction of the revenue records are presently pending consideration before the concerned Tehsildar, Ramchandrapur. Learned counsel further submits that the Tehsildar has referred the matter to the concerned Sub-Divisional Officer (Revenue), Ramanujganj, for appropriate consideration. It is further contended that, in view of the pendency of the aforesaid 3 proceedings, the impugned eviction notice is not in accordance with law. Learned counsel also submits that the petitioner has already filed a detailed reply to the said notice, and the matter is presently pending consideration before the concerned Tehsildar as well as the Sub-Divisional Officer (Revenue), Ramanujganj. 2. Learned State Counsel submits that since the matter is already pending consideration before the concerned Sub- Divisional Officer (Revenue), as the same has been referred by the concerned Tehsildar, the said authority shall decide the matter in accordance with law, expeditiously. 3. I have heard learned counsel for the parties and perused the material available on record. 4. Considering the aforesaid aspects of the matter and taking into account the submission of the petitioner that the land in question belongs to him and that he has not made any encroachment upon any land, and further considering that the application for correction of Khasra number is already pending consideration before the Sub-Divisional Officer (Revenue), Ramanujganj, as well as the fact that the petitioner has already submitted a reply to the impugned notice, this Court deems it appropriate to dispose of the present petition. 5. The concerned Tehsildar as well as the Sub-Divisional Officer (Revenue), Ramanujganj, are directed not to take any coercive steps against the petitioner in pursuance of the notice dated 4 15.06.2026. The authorities shall decide the matter in accordance with law under Section 248 of the Chhattisgarh Land Revenue Code as well as the application for correction of Khasra entries, expeditiously, preferably within a period of two months from the date of receipt of a copy of this order. 6. However, till then, no coercive steps shall be taken against the petitioner 7. With the aforesaid direction, the petition stands disposed of. 8. No order as to costs. sd/- (Amitendra Kishore Prasad) Judge Vishakha