1 2026:CGHC:27134 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3371 of 2026 • Govind Yadav S/o Kunwar Ram Yadav Aged About 45 Years R/o Village- Jurudand, Police Station And Tahsil- Bagicha, District- Jashpur Chhattisgarh. ... Petitioner versus 1. State Of Chhattisgarh Through The Collector, District- Jashpur Chhattisgarh. 2. The Tahsildar Bagicha, District- Jashpur Chhattisgarh. 3. Gangaram S/o Kurso Ram R/o Village Jurudand, Police Station And Tahsil- Bagicha, District- Jashpur Chhattisgarh. 4. Karuna Ram S/o Late Antoram R/o Village Jurudand, Police Station And Tahsil- Bagicha, District- Jashpur Chhattisgarh. 5. Mohan Ram S/o Late Bodal Ram R/o Village Jurudand, Police Station And Tahsil- Bagicha, District- Jashpur Chhattisgarh. 6. Shrawan Kumar S/o Girdhari Ram R/o Village Jurudand, Police Station And Tahsil- Bagicha, District- Jashpur Chhattisgarh. 7. Fakir Ram S/o Niranjan Ram R/o Village Jurudand, Police Station And Tahsil- Bagicha, District- Jashpur Chhattisgarh. 8. Maheshwar Ram S/o Bhakti Ram R/o Village Jurudand, Police Station And Tahsil- Bagicha, District- Jashpur Chhattisgarh. 9. Visheshwar Ram S/o Karuna Ram R/o Village Jurudand, Police Station And Tahsil- Bagicha, District- Jashpur Chhattisgarh. 10. Suresh Ram S/o Mohan Ram R/o Village Jurudand, Police Station And Tahsil- Bagicha, District- Jashpur Chhattisgarh. 11. Bajrang Ram S/o Late Vishkeshan Ram R/o Village Jurudand, Police Station And Tahsil- Bagicha, District- Jashpur Chhattisgarh. 12. Laxmi Ram S/o Mayadhoro Ram R/o Village Jurudand, Police Station And Tahsil- Bagicha, District- Jashpur Chhattisgarh. 13. Kuldeep Gupta Patwari, P. H. No. 26, Tahsil- Bagicha, District- Jashpur, Chhattisgarh. 14. Satish Kumar Das Patwari, P. H. No. 22, Tahsil- Bagicha, District- Jashpur Chhattisgarh. 15. Vikas Kumar Gupta Patwari, P. H. No. 25, Tahsil- Bagicha, District- Jashpur, Chhattisgarh. ... Respondents (Cause title taken from Case Information System) For Petitioner : Mr. Ajeet Kumar Yadav, Advocate. For State/Respondent : Mr. Soumitra Kesharwani, P.L. Hon’ble Shri Justice Amitendra Kishore Prasad DEEPTI JHA Digitally signed by DEEPTI JHA 2 Order on Board 02/07/2026 1. Heard. 2. This writ petition has been preferred by the petitioner under Article 226 of the Constitution of India, seeking following reliefs:- “10.1 That, this Hon’ble Court may kindly be pleased to call the records pertaining to the case from the respondent authorities. 10.2 That, this Hon’ble Court may kindly be pleased to set-aside/quash the impugned notices dated 19.05.2026 and 06.06.2026 (Annexures- P/5) being unauthorized and without jurisdiction. 10.3 That, the Hon’ble Court may kindly be pleased to grant any other relief which may be deem fit in the given facts and circumstances of the instant case including cost of litigation.” 3. Learned counsel for the petitioner submits that notices dated 19.05.2026 and 06.06.2026 were issued to the petitioner is not in accordance with law, as the civil suit is pending for consideration before the Civil Judge Senior Division, Bagicha, District Bagicha (C.G.). Therefore, he prays that concerned Executive Magistrate may be directed to consider the application of the petitioner and pendency of the civil suit regarding the allegation of encroachment made by the petitioner on the piece of government land. 4. Learned State counsel submits that on the basis of the complaint made by the villager that petitioner has occupied a piece of government land, which comes in the area of temple, as such notices were issued to him. Hence, petitioner may approach before the concerned authority by filing a duly constituted reply and the concerned authority shall consider the same and to pass appropriate order. He further submits that at this stage, the instant petition is premature, as no order shall be passed by the concerned Executive Magistrate, Bagicha. 3 5. I have heard learned counsel for the parties and perused the material available on record. 6. From perusal of the notices dated 19.05.2026 & 06.06.2026 (Annexure-P/5), wherein petitioner was directed to remain present on 20.05.2026. However, considering this fact that notice was issued on 19.05.2026 and date of appearance was fixed on 20.05.2026. On query being made to the learned counsel for the petitioner that whether petitioner appeared on the said date or not, then he submits that he could not appear due to short time given in the said notice, as such he could not reply and appear in pursuance of aforesaid direction. 7. Perusal of the complaint also goes to show that the petitioner and his father (Kunwar Ram Yadav) has approached before the concerned Civil Court in civil suit with a relief that be petitioner and his father (Kunwar Ram Yadav) be declared as title holder of the land bearing Khasra No.154, admeasuring 0.76 hectare, situated at Village Jurudand. Further, a relief of injunction was also sought while challenging the earlier notice dated 17.03.2026, as such the Executive Magistrate is directed to consider the same and pass an appropriate order in accordance with law expeditiously, preferably within a period of 30 days from today. 8. With the aforesaid observation and direction, the instant writ petition stands disposed of. 9. Interlocutory application(s), pending if any, also stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Deepti Jha