1 2026:CGHC:25799 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3048 of 2026 1 - Smt. Kisno Nishad W/o Late Rajkumar Nishad, Aged About 53 Years R/o Ward No. 7, Pithora, District Mahasamund, District Mahasamund (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Revenue Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Nawa Raipur Atal Nagar, District Raipur (C.G.) 2 - District Collector/ District Magistrate, District Mahasamund (C.G.) 3 - Sub Divisional Officer (Revenue)/ Sub Divisional Magistrate, Pithora, District Mahasamund (C.G.) 4 - Tehsildar, Pithora, District Mahasamund (C.G.) 5 - Sarpanch, Gram Panchayat Lahraud Padav, Tehsil Pithora, District Mahasamund (C.G.) 6 - Secretary, Gram Panchayat Lahraud Padav, Tehsil Pithora, District Mahasamund (C.G.) 7 - Station House Officer, P.S. Pithora, District Mahasamund (C.G.) 8 - Pushkar Agrawal, S/o Ramdhan Agrawal, R/o Ward No. 6 Pithora, Tehsil Pithora, District Mahasamund (C.G.) 9 - Ajay Agrawal, S/o Pushkar Agrawal, R/o Ward No. 6 Pithora, Tehsil Pithora, District Mahasamund (C.G.) 10 - Union Of India Through Secretary, Ministry Of Rural Development, Office Residence, Krishi Bhavan, Dr. Rajendra Prasad Road New Delhi --- Respondent(s) AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2026.07.01 10:17:46 +0530 2 WPC No. 3052 of 2026 1 - Smt. Shanti Bai Sinha W/o Khorbahara Sinha, D/o Ukel Sinha, Aged About 72 Years R/o Ward No. 7, Pithora, District Mahasamund (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary , Revenue Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Nawa Raipur Atal Nagar, District Raipur (C.G.) 2 - District Collector / District Magistrate, District Mahasamund (C.G.) 3 - Sub Divisional Officer (Revenue) / Sub Divisional Magistrate, Pithora, District Mahasamund (C.G.) 4 - Tehsildar , Pithora, District Mahasamund (C.G.) 5 - Sarpanch, Gram Panchayat Lahraud Padav, Tehsil Pithora, District Mahasamund (C.G.) 6 - Secretary, Gram Panchayat Lahraud Padav, Tehsil Pithora, District Mahasamund (C.G.) 7 - Station House Officer, P.S. Pithora, District Mahasamund (C.G.) 8 - Pushkar Agrawal S/o Ramdhan Agrawal, R/o Ward No. 6 Pithora Tehsil Pithora, District Mahasamund (C.G.) 9 - Ajay Agrawal S/o Pushkar Agrawal R/o Ward No. 6 Pithora, Tehsil Pithora District Mahasamund (C.G.) --- Respondent(s) WPC No. 3051 of 2026 1 - Smt. Radha Nishad W/o Late Rohit Nishad Aged About 59 Years R/o Ward No.7, Pithora, District - Mahasamund, District - Mahasamund, Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Revenue Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Nawa Raipur, Atal Nagar, District - Raipur, Chhattisgarh. 2 - District Collector/district Magistrate District - Mahasamund, Chhattisgarh 3 3 - Sub Divisional Officer ( Revenue)/sub Divisional Magistrate Pithora, District - Mahasamund, Chhattisgarh 4 - Tehsildar Pithora, District - Mahasamund, Chhattisgarh. 5 - Sarpanch Gram Panchayat Lahraud Padav, Tehsil Pithora, District - Mahasamund, Chhattisgarh 6 - Secretary Gram Panchayat Lahraud Padav, Tehsil Pithora, District - Mahasamund, Chhattisgarh 7 - Station House Officer Ps Pithora, District - Mahasamund, Chhattisgarh 8 - Pushkar Agrawal S/o Ramdhan Agrawal, R/o Ward No. 6 Pithora, Tehsil Pithora, District - Mahasamund, Chhattisgarh 9 - Ajay Agrawal S/o, Pushkar Agrawal, R/o. Ward No. 6 Pithora, Tehsil Pithora, District - Mahasamund, Chhattisgarh --- Respondent(s) WPC No. 3049 of 2026 1 - Smt. Suruj Nishad W/o Sharvan Nishad Aged About 48 Years R/o Ward No. 7, Pithora, Distt. Mahasamund, Distt. Mahasamund, Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Revenue Department Mahanadi Bhawan, mantralaya, Capital Complex, Nawa Raipur, Atal Nagar, Distt. Raipur, Chhattisgarh. 2 - District Collector/ District Magistrate Distt. Mahasamund, Chhattisgarh. 3 - Sub Divisional Officer (Revenue)/ Sub Divisional Magistrate Pithora, Distt. Mahasamund, Chhattisgarh. 4 - Tehsildar Pithora, Distt. Mahasamund, Chhattisgarh. 5 - Sarpanch Gram Panchayat Lahraud Padav, Tehsil Pithora, Distt. Mahasamund, Chhattisgarh. 6 - Secretary Gram Panchayat Laharaud Padav, Tehsil Pithora, Distt. Mahasamund, Chhattisgarh. 7 - Station House Officer Ps Pithora, Distt. Mahasamund, Chhattisgarh. 4 8 - Pushkar Agrawal S/o Ramdhan Agrawal R/o Ward No. 6 Pithora, Tehsil Pithora, Distt. Mahasamund, Chhattisgarh. 9 - Ajay Agrawal S/o Pushkar Agrawal R/o Ward No. 6, Pithora, Tehsil Pithora, Distt. Mahasamund, Chhattisgarh. --- Respondent(s) For Petitioner(s) : Shri Shubhank Tiwari, Advocate. For State/Res : Shri Anand Dadariya, Dy AG. For respondent-Union of India : Shri Ramakant Mishra, DSGI through VC and Ms Shweta Rai, Advocates. SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 24/06/2026 1. Since the issue involved in the Writ Petitions is one and the same, they have been clubbed together and are being disposed of by this common order. 2. By and large, this Writ Petition has been filed for the same reliefs which goes as follows:- A. That, this Hon'ble Court may kindly be please to call the entire records from the Respondents Authorities for its kind perusal. B. That, the Hon'ble court may kindly be pleased to issue a writ/writs, order/orders, direction/directions to allow the instant petition and pass the order to Quash the impugned Notices dated 27.05.2026 which was passed/issued by Tehsildar. C. That, the Hon'ble court may kindly be pleased to issue a writ/writs, order/orders, direction/directions to pass the Order to Respondent Authority/ Competent Authority to Accept the Application of the Petitioner and pass the appropriate order in her favor under the 5 Chhattisgarh Nagriya Kshetron ke Awasheen Vyakti ko Pattadhriti Adhikar Niyam, 2023. D. That, the Hon'ble court may kindly be pleased to issue a writ/writs, order/orders, direction/directions to allow the instant petition and possession of the Petitioner may kindly be protected until she may be remove by following due process of Law. E. That, this Hon'ble Court may kindly be pleased to issue a writ/writs, order/orders, direction/directions to direct the Respondents to pay the Amount of Damages i.e.Rs. 5,00,000/-jointly and severally. The Respondents may be held liable jointly and severally for the Demolition and cost of the Petition should also be given from Respondents. F. Any other relief which may be deemed fit by this Hon'ble court just and proper in the facts and circumstances of the case may also be provided in favor of the petitioner. The Respondent Authorities may also be directed to pay the Legal Expense in favour of Petitioners. 3. For the purposes of disposal, facts pleaded in WPC No.3048 of 2026 are being referred to. The properties in dispute herein is House which is constructed over the land which is reserved as Government Land situated at Khasra No. 896 Area 0.04 Hectare & Khasra No. 897 Area 0.06 Hectare, Revenue Circle & Village Lahraud, Tehsil Pithora, District Mahasamund (C.G.). It is admitted fact that in the year 2017, when the National Highway was constructed, her house was demolished and thereafter she constructed her house in the place 6 which was left out after constructing National Highways. It also admitted fact that apart from Petitioner, 4-5 families have constructed the House and residing there since last more than 40 years. All of a sudden, Revenue Case was registered bearing 202604120800079, 202604120800080, 202604120800081, 202604120800084 & 202604120800085 against Kalpram S/o. Khagpati, Rohit S/o. Bundram, Pradeep Agrawal (who helped the Petitioner and other affected being most educated who is 10th Pass), Rajkumar S/o. Bundram & Sharvan S/o. Bundram respectively. Authorities have threatened the Petitioner to demolish her House and on 15.06.2026, one wall of the House of Smt. Shanti Bai Sinha was partially demolished. The Respondent authorities have also given threat that the entire structure/Houses will be demolished soon. When she went to Office of Tehsildar and other Revenue Authorities, nothing substantial happened. The Authorities could have demolished all the houses/structure if the child of 13 years of age would not have consumed pesticide. Entire 5-6 families are facing huge difficulty due to demolition of front structure that too in the Monsoon Season/Rainy Season. They also face mental, physical and monetary loss due to illegal action taken by Revenue Authorities and other private respondents. The Revenue Authorities as well as Private respondents have taken Law and Order in their hands. State authorities did nothing to prevent the demolition. They also act as an agent of Private 7 Respondent and their associates. The entire action was per se illegal, arbitrary and discriminatory in nature. Petitioner approached from Pillar to Post but nothing happened. She is in peace full possession over the subject property since last more than 40 years and she has raised the construction in the year 2017 when her old house was demolished for construction of National Highway and Service Road which is within the knowledge of entire village members and locality. Hence this petition. 4. Learned counsel for the petitioner submits that the action taken by respondents are illegal and arbitrary in nature which is utter violation of Principle of Natural Justice. Without opportunity of hearing of being heard the entire demolition was carried out. The Revenue Authorities denied to provide the Copy of the Case which is registered against them. He submits that the Petitioner is a illiterate lady who used to do household work such as cleaning, dusting, washing utensils, clothes etc. in her locality for her livelihood. She belongs to very poor class of society. Though she is in possession over the subject land from last 40 years, the dispute arose after the construction of National Highway. The lands of Private Respondent is situated at the backside of the encroachment of Petitioners and other person due to which he has to take alternate way to reach his land, he cannot use that path despite the National Highway is situated adjacent. The valuation of his property will surge significantly and hence after the notification of construction of National Highway was published in the year 2016- 8 2017, the entire dispute arose. The petitioner has been deprived from her constitutional rights to enjoy the fruits of her House and now she is suffering and facing huge financial loss. It is enshrined under Article 21 of the Indian Constitution that the right to livelihood is an integral facet of right to life. The violation of right to livelihood is required to be remedied. It is admitted in position that Khasra No. 896 & 897 admeasuring 0.04 & 0.06 Hectare is reserved for Government Land. It is also in admitted in position that the Government of C.G. has issued the niyam namely Chhattisgarh Nagriya Kshetron ke Awasheen Vyakti ko Pattadhriti Adhikar Niyam, 2023 in which the State will grant the lease for landless person who has constructed house/structure before 2017. He submits that the Central Government through Ministry of Housing and Urban Affairs also notified to grant financial assistance for construction of House under PM Awas Yojna. The Petitioner has every right to remain in possession unless evicted in due course of law. The eviction is not done for public utility service or to construct structure which will be used by Public at large. The eviction was done at the behest of Private Respondent only to skyrocket the price of their land. The Gram Panchayat has received the Property Tax, House Tax etc. The Gram Panchayat has also passed the resolution stating that Bundram Nishad is residing in the since last more than 30 years and hence the same was certified in the Gram Panchayat Resolution. It is pertinent to mention herein that when the petitioner went to take lease 9 of her land/house, she was denied by the revenue authorities by saying that she could not afford the price and she was restrained from filing the application for Grant of Lease/permission under the Chhattisgarh Nagriya Kshetron ke Awasheen Vyakti ko Pattadhriti Adhikar Niyam, 2023. The Petitioner along with other affected person also went to office of Tehsildar in order to take entire Certified Copy of Case which is registered against them/her, but till date Certified Copy has not been given to them. They have filed the Application for getting the Certified Copy on 09.06.2026, despite that, on 15.06.2026 the wall was demolished. The Petitioner is deprived from her own property which could not be compensated in any terms. The entire family are facing huge difficulty to carry out day to day life activities. The Petitioner went from pillar to post to satisfy her grievance, but nothing substantial happened. Neither she was/they were heard before demolition. In the impugned Notice dated 27.05.2026, the Order dated 28.02.2017 was mentioned. But neither the Order dated 28.02.2017 was given to Petitioner nor the certified copy of Revenue Case was supplied to Petitioner and before she could raise her defense, the demolition was done in one of the Houses i.e. House of Smt. Shanti Bai Sinha and they all have threatened that all the houses will be demolished. It is also admitted position that there is tradition in the Village that when the Family of anybody expands and he/she needs space or new house and he/she is incapable of purchasing the same, 10 then in that situation the Meeting in Gram Samaj and Panchayat Sabha was called and few area of Government Land was allotted to that family to reside there with the understanding that he/she will leave the place by himself/herself when the Government try to acquire/need that place. Since it is for the betterment of Villagers and Members of their Family, no one could have objected till date. It is a situation of complete understanding between the villagers. Learned counsel for the petitioner submits that in pursuance to the Annexure P/1, the petitioners have been threatened again stating that if he/she will not remove her structure completely in near future, then her entire House will be demolished. When the petitioners got to know through other villagers that one wall was demolished by respondent authorities, they ran away to their home but by that time, Malti had consumed poison and the persons concerned ran away from the spot. Learned counsel, for the petitioners submits that when the revenue authorities came to demolish the house, no one was present at the spot. One girl whose House was also to be demolished was present, she requested and prayed for some time but her prayer has fallen upon the deaf ear of authorities. She was a 13 years old girl and when became aware that one wall has been demolished and her house may be next, she consumed pesticides, which led the stoppage of demolition. The residents of that locality also objected about the demolition. The girl was taken to Hospital and was admitted for 3 days. Learned counsel 11 for the petitioners prays that possession of the petitioners may be protected and further demolition may be stopped. 5. Learned counsel for the State/respondents submit that the having been found that the petitioners have encroached upon the government land, eviction order was passed and the petitioner was directed to vacate the encroached area. 6. I have heard learned counsel for the parties and perused the material available with the petition. 7. In the case at hand, the petitioners challenge the eviction warrant issued to them alleging that their house is built on Government land. The petitioners have contended that they have been in peaceful possession for over 40 years and that the present structures were rebuilt in 2017 after their earlier houses were demolished for the construction of the National Highway. They allege that the respondent authorities initiated eviction proceedings and partially demolished one house without supplying copies of the proceedings, without affording an opportunity of hearing, and in violation of the principles of natural justice. According to the petitioners, the action is arbitrary, discriminatory, and motivated by the interests of private respondents rather than any genuine public purpose. They further claim entitlement to protection under Article 21 of the Constitution and the Chhattisgarh Nagriya Kshetron ke Awasheen Vyakti ko Pattadhriti Adhikar Niyam, 2023, and seek protection against further demolition until due process 12 of law is followed. 8. When a query was put to learned State counsel about the proceedings initiated against the petitioners, he after seeking instructions from Tehsildar Pithora submits that upon a complaint made by one Pushkar Agrawal, a revenue case bearing No.5, year 2016-17 was registered way back on 29.11.2016 against Budhram, predecessor of Petitioners namely Suruj Nishad, Radha Nishad, Kisno Nishad stating that he has encroached upon government land which is having an effect on the easementary right of the complainant. It was further alleged that Budhram was raising construction over the Nistari land. On 29.11.2016, stay order was passed against Budhram and notice was also issued to Budhram. After receipt of notice, on 18.01.2017, Budhram made his appearance along with his Advocate, however, after filing of reply, Budhram remained absent. In his reply, Budhram stated that he has constructed the house prior to 40-50 years and is residing there which is adjacent to the land of complainant. Budhram further stated that complainant is trying to grab his land. Budhram further admitted that he is in occupation of the government land bearing Khasra No.896, 897 situated in village Lahroud. Revenue Inspector Pithora produced his report dated 19.12.2016 and stated therein that after issuance of stay order by the Court of Tehsildar Pithora, construction was stayed, however, after direction of the Court when the spot was reinspected, it appears that construction is being 13 raised. Considering the said aspect of the matter, The Tehsildar, Pithora District Mahasamund passed order dated 28.02.2017 under Section 248 (1) of the of the Chhattisgarh Land Revenue Code, 1959 against Budhram who was directed to remove his encroachment and was also imposed with a fine of Rs.300/-. Revenue Inspector was directed to issue eviction warrant and case was closed. 9. In furtherance of the order dated 28.02.2017, eviction warrant was passed against predecessors of Budhram who are the petitioners and also against other petitioner namely Shanti Bai Sinha who was also found to be encroaching Khasra No.896, 897 which is government land. 10. From the documents appended with the petition, it appears that land comprised in Khasra No.896, area 0.04 hectare and Khasra No.897, area 0.06 hectare, revenue circle and village Lahroud, Tehsil Pithora District Mahasamund is a government land. The petitioners mostly are legal heirs of Budhram S/o Lalaram and other petitioner are said to have encroached the said land. They are residing on the said land for 30-40 years and have constructed Kachha house. 11. It is also to be noted that the concerned Gram Panchayat was also taking property tax from Budhram and after his death, his legal heirs were also depositing the property tax. It also appears that order dated 28.02.2017 was passed behind the back of the Budhram as he was not present before the Court on the said date. As such, the said order 14 was never communicated to the petitioners. Even the said order was not acted upon by the respondent authorities. However, after a lapse of about 9-10 years, a revenue case for removal of encroachment came to be registered against the petitioners which according to the parties, is pending. No communication in any form was made to the petitioners and Tehsildar, Pithora on the basis of order dated 28.02.2017 issued eviction warrant and directed the petitioners to remove illegal encroachment till 03.06.2026 otherwise, necessary action will be taken against them under Section 248 (1) of the CG Land Revenue Code, 1959. 12. It seems that after culmination of proceedings vide order dated 28.02.2017, no proceeding in that regard was initiated in any form. All of a sudden, without any notice of the proceedings, eviction warrant dated 27.05.2026 has been issued based on order dated 28.02.2017 which was passed 9-10 years before. 13. Considering the peculiar factual situation of the case and the fact that order of eviction warrant against the petitioners was directed to be issued way back on 28.02.2017 behind the back of Budhram who also deposited the fine amount of Rs.300/- which was imposed upon him. However, no action thereof was taken against the petitioners and the petitioner- Shanti Bai was not party in the earlier round of litigation further considering the fact that the matter is pending before Tehsildar and also considering this fact that the petitioners are residing in the 15 disputed area from 30-40 years and have also paid the property tax to the concerned gram panchayat, ends of justice would be served, by directing the petitioners to file appropriate application under Chhattisgarh Nagriya Kshetron Ke Awasheen Vyakti ko pattadhriti Adhikar Niyam, 2023 for settlement of land before the concerned authorities within a period of 30 days from the date of receipt of copy of this order and in turn, the authorities are directed to consider and decide the application of the petitioners and pass appropriate orders, in accordance with law, within further 90 days from the date of receipt of such application. 14. The Tehsildar Pithora, District Mahasamund is directed not to take any coercive steps against the petitioners regarding dispossession from the disputed property till the said application is decided by the concerned authorities. 15. With the aforesaid observation/direction, the Writ Petitions are disposed of. 16. It is made clear that this Court has not made any observation on the merits of the case and the concerned authority is directed to decide the application on its own merits. Sd/- (Amitendra Kishore Prasad) Judge Avinash