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2026 DAILYLAW 24751 (CHH)

SMT. PHILOMINA EKKA v. STATE OF CHHATTISGARH

WPC/3399/2026 · 2026-07-02

Shri Amitendra Kishore Prasad

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Judgment text

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1 2026:CGHC:27551 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3399 of 2026 Smt. Philomina Ekka W/o Amrit Ekka Aged About 68 Years R/o Chandela Vihar Bilaspur, Distt. Bilaspur, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Collector Bilaspur, Distt. Bilaspur, Chhattisgarh. 2 - Tahsildar Bilaspur, Distt. Bilaspur, Chhattisgarh. 3 - Sub Divisional Officer Bilaspur, Distt. Bilaspur, Chhattisgarh. ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Abhishek Khandelwal, Advocate For State : Mr. Saumitra Kesharwani, Panel Lawyer Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 03.07.2026 1. The petitioner has filed the present writ petition not assailing any particular order, but seeking implementation and execution of the order dated 25.07.2025 passed by the Tahsildar, Bilaspur in E-Revenue Case No.202507072500106-A70/2024-25, whereby directions were issued for removal of encroachment over Khasra No.934/9, admeasuring 0.1210 hectare, situated at Village Mopka, District Bilaspur, Chhattisgarh. YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2026.07.04 12:31:39 +0530 2 2. Learned counsel for the petitioner submits that the Tahsildar, Bilaspur had initiated proceedings with regard to encroachment over the aforesaid land and, pursuant thereto, notice for removal of encroachment was issued to the encroachers, namely, Mohanlal Paikra S/o Tijram Paikra, Satish Paikra S/o Mohanlal Paikra, Manish Paikra S/o Mohanlal Paikra and Pradeep Singh, all residents of Village Mopka, Bilaspur. It is further submitted that the order dated 25.07.2025 passed by the Tahsildar, Bilaspur has also been affirmed by the Sub- Divisional Officer (Revenue), Bilaspur vide order dated 12.11.2025 passed in Appeal/E-Court Case No.202507072400195-A70/2024-25. Despite the said orders having attained finality, the same have not been implemented by the competent authorities. He further submits that for execution of the aforesaid order and removal of encroachment from the subject land, the petitioner submitted a representation/application dated 16.06.2026 before the Sub-Divisional Officer (Revenue), Bilaspur as well as the Tahsildar, Bilaspur, however, till date no effective action has been taken, on account of which the encroachers are continuing with construction over the said land. He, therefore, submits that an appropriate direction be issued to the concerned authorities to consider and decide the petitioner’s representation and to take consequential action for implementation of the order dated 25.07.2025, as affirmed in appeal. 3. On the other hand, learned State counsel submits that if the petitioner’s representation is still pending, the same shall be considered and decided expeditiously by the competent authority in accordance with law. 3 4. I have heard learned counsel for the parties and considered the material available on record. 5. Considering the facts and circumstances of the case, particularly taking into account that the grievance of the petitioner is with regard to non- implementation of the order dated 25.07.2025 passed by the Tahsildar, Bilaspur, as affirmed by the appellate authority vide order dated 12.11.2025, this writ petition is disposed of with a direction to the concerned authority/authorities to consider and decide the petitioner’s representation/application dated 16.06.2026, if still pending, expeditiously, preferably within a period of 60 days from the date of receipt of a certified copy of this order, strictly in accordance with law. It is expected that while deciding the said representation, the authority concerned shall also take into consideration the earlier orders passed by the Tahsildar and the appellate authority and proceed further in accordance with law. 6. It is made clear that this Court has not expressed any opinion on the merits of the claim of the petitioner and the authority concerned shall consider and decide the petitioner’s representation/application strictly in accordance with law, uninfluenced by any observation made herein. 7. With the aforesaid observation/direction, the writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Yogesh