1 2026:CGHC:26784 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3294 of 2026 Bisahu Ram S/o Late Shri Ram Lal Aged About 69 Years Caste Kurmi R/o Village Raikheda Tehsil Kharore District Raipur C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary Department Of Revenue Mahanadi Bhawan New Mantralaya Naya Raipur District Raipur C.G. 2 Collector Raipur District Raipur C.G. 3 - Sub Divisional Officer (Rev) Tilda-Nevra, District Raipur C.G. 4 Tahisldar Tahsil Kharora District Raipur C.G. 5 - Sarpanch Of Gram Panchayat, Raikheda Tahsil Kharora District Raipur C.G. 6 - Secretary Of Gram Panchayat Raikheda Tehsil Kharora District Raipur C.G. (Respondents No. 1 To 6 Are Necessary Formal Party for compliance of order Dated 31-07-2025.) 7 - Neeraj Yadu, aged about 35 years, S/o Late Shri Jagdish Yadu R/o Village Raikheda Tehsil Kharora District Raipur C.G. 8 - Pawan Yadu S/o Late Shri Bodhiram Yadu, Aged About 49 Years R/o Village Raikheda Tehsil Kharora District Raipur C.G. ... Respondent(s) SHYNA AJAY Digitally signed by SHYNA AJAY Date: 2026.07.04 16:25:52 +0530 2 (Cause Title downloaded from CIS Periphery) For Petitioner(s) : Mr. Rekhraj Baghel, Advocate For Respondent(s) : Mr. SS Choubey, Government Advocate SB: Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 01/07/2026 1. By way of the present writ petition, the petitioner is not assailing any order passed by the respondent authorities but seeks a direction to the respondent authorities, particularly the Sarpanch and Secretary of the Gram Panchayat, to implement the order dated 31.07.2025 passed by the Sub-Divisional Officer (Revenue), Tilda-Nevra, District Raipur, and the consequential memo dated 18.08.2025, by removing the alleged encroachment made by respondent Nos. 7 and 8 over the Government road land in accordance with Section 244 of the Chhattisgarh Land Revenue Code, 1959 (for short, "the CGLRC"). The petitioner has prayed for following relief(s):- (i) That, the Hon'ble Court may kindly be pleased to direct the respondent authorities particularly respondents (Sarpanch /Secretary of Gram Panchayat Raikheda) to comply order dated 31.07.2025 and memo dated 18.08.2025 and to remove /evict the private respondent no. 7 and 8 from illegal encroachment of possession nistari road of government land at the earliest, in the interest of justice. 3 (ii) Any other relief, which the Hon'ble Court may deem fit and proper in the facts and circumstances of the case may also be granted in favour of the petitioner. 2. Brief facts of the case are that the petitioner claims to be the recorded co-owner of land bearing Khasra No. 262/2, admeasuring 0.016 hectare, situated at Village Raikheda, Patwari Halka No. 52, Revenue Circle Mohrenga, Tahsil Kharora, District Raipur. According to the petitioner, he has constructed his residential house over the said land and has been residing therein along with his family members for a considerable period. The grievance of the petitioner is that respondent Nos. 7 and 8 have illegally encroached upon the adjoining Government nistari road, which has been used by the petitioner as well as other villagers as the only access road to their respective houses and agricultural lands. Aggrieved by such encroachment, proceedings were initiated before the revenue authorities. The matter ultimately reached the Sub-Divisional Officer (Revenue), Tilda-Nevra, who, by order dated 31.07.2025, directed the Sarpanch and Secretary of Gram Panchayat Raikheda to initiate proceedings under Section 244 of the CGLRC for removal of the encroachment. Thereafter, a consequential memo dated 18.08.2025 was also issued by the Sub-Divisional Officer (Revenue) directing compliance of the aforesaid order. According to the petitioner, despite the clear directions issued by the competent authority, respondent Nos. 5 and 6, namely the Sarpanch and Secretary of 4 the Gram Panchayat, have failed to initiate any proceedings or remove the alleged encroachment, compelling the petitioner to invoke the extraordinary jurisdiction of this Court. 3. Learned counsel for the petitioner submits that the petitioner is not seeking adjudication of any disputed question of title nor is he challenging any order passed by the authorities. The limited grievance of the petitioner is that although the competent revenue authority, namely the Sub-Divisional Officer (Revenue), Tilda- Nevra, has already passed a reasoned order dated 31.07.2025, followed by the consequential memo dated 18.08.2025, directing the Gram Panchayat authorities to initiate proceedings under Section 244 of the CGLRC against respondent Nos. 7 and 8 for removal of the encroachment over the Government nistari road, the said directions have remained unimplemented for almost a year. It is submitted that respondent Nos. 5 and 6 have neither initiated proceedings nor taken any effective steps for removal of the encroachment, despite repeated requests made by the petitioner. Learned counsel would further submit that the illegal encroachment made by respondent Nos. 7 and 8 continues to exist in front of the petitioner's house, thereby obstructing the only access available to the petitioner and other villagers for ingress and egress to their residential houses and agricultural lands. It is contended that the continued inaction on the part of the authorities has rendered the order dated 31.07.2025 and the memo dated 18.08.2025 wholly ineffective. He, therefore, submits that the petitioner would be satisfied if an appropriate direction is issued to 5 the concerned authorities to implement and comply with the order dated 31.07.2025 and the consequential memo dated 18.08.2025 within a stipulated time in accordance with law. 4. On the other hand, learned State counsel submits that if the petitioner is aggrieved by the alleged non-compliance of the order dated 31.07.2025 passed by the Sub-Divisional Officer (Revenue), Tilda-Nevra, District Raipur (C.G.) and the consequential memo dated 18.08.2025, it is always open for the petitioner to approach the competent authority concerned seeking implementation of the said order. It is submitted that upon such an application being made, the competent authority shall examine the same and take appropriate steps for implementation of the order dated 31.07.2025 and the memo dated 18.08.2025, including removal of the encroachment, strictly in accordance with law, if so warranted. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case, particularly the fact that the order dated 31.07.2025 passed by the Sub- Divisional Officer (Revenue), Tilda-Nevra, along with the consequential memo dated 18.08.2025, is stated to be still awaiting implementation, this Court deems it appropriate to dispose of the present petition with liberty to the petitioner to file a comprehensive application before the competent authority along with a certified copy of this order, requesting implementation of the 6 aforesaid order and memo. In the event such an application is filed, the competent authority shall consider and decide the same and take consequential action, if required, strictly in accordance with law, as expeditiously as possible, preferabq8ly within a period of 45 days from the date of receipt of the certified copy of this order. 7. With the aforesaid observations and directions, the instant writ petition stands disposed of. No order as to costs. Sd/- Sd/- (Amitendra Kishore Prasad) Judge Shyna Ajay