1 CGHC010028712023 2026:CGHC:27765 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 378 of 2023 • Tep Kumar Dewangan S/o Late Shri Punit Ram Dewangan Aged About 46 Years R/o Village Saragaon, Ward, No. 03, School Para Saragaon, Janpad Panchayat Chhura, District : Gariyabandh, Chhattisgarh ... Petitioner versus 1. State Of Chhattisgarh Through The Secretary Department Of Land Revenue, Mantralaya, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh. 2. The Collector Gariyaband, District : Gariyabandh, Chhattisgarh. 3. The Sub-Divisional Officer (Revenue) Block-Chhura, Gariyaband, District : Gariyabandh, Chhattisgarh. 4. The Tahsildar Chhura, Tahsil Chhura, District : Gariyabandh, Chhattisgarh. ... Respondents (Cause title taken from Case Information System) For Petitioner : Mr. Jitendra Nath Nande, Advocate. For State/Respondents : Mr. Soumitra Kesharwani, P.L. Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 06/07/2026 1. Heard. 2. This petition has been preferred by petitioners under Article 226 of the Constitution of India seeking following reliefs:- “10.1 That, this Hon’ble Court may kindly be pleased to call for the entire records concerning the petitioner’s case from the possession of the respondent authorities for its kind perusal. 10.2 Hon’ble Court may kindly be pleased to issue a writ in the nature of mandamus DEEPTI JHA Digitally signed by DEEPTI JHA 2 directing the respondent authorities to not interfere in the lawful possession of the petitioner over the land where the Pucca House is built on bearing Khasra No.658 admeasuring a total of 2000 square Feet, situated at Village Saragaon, P.H.N.-10, R.N.M.- Chhura, Tahsil Chhura, District Gariyaband in the interest of justice. 10.3 Hon’ble Court may kindly be pleased to issue a writ to the respondent authorities directing them to cancel the arbitrary eviction/demolition proceedings initiated against the petitioner legally constructed House over the Abadi Land allotted by the Village Panchayat Saragaon in the year 2015, bearing Khasra No.658 situated at Village Saragaon, P.H.N.-10, R.N.M. Chhura, Tahsil Chhura, District Gariyaband in the interest of justice. 10.4 Any other relief/reliefs, which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case in the interest of justice.” 3. Learned counsel for the petitioner submits that in the year 2015, Gram Panchayat Saragaon allotted a piece of land in favour of the petitioner bearing Khasra No.658 admeasuring a total of 2000 square Feet, situated at Village Saragaon, P.H.N.-10, R.N.M.- Chhura, Tahsil Chhura, District Gariyaband, upon which the petitioner has constructed a ‘Pakka House’ and is residing along with his family. Subsequently, on the complaint made by the Gram Panchayat, the concerned Tahsildar has issued a notice for removal of encroachment vide order dated 22.01.2022. Further, learned counsel for the petitioner submits that once the Gram Panchayat has passed an order regarding the allotment of land in favour of the petitioner, then Gram Panchayat should not made complaint regarding the illegal encroachment. As such the entire proceedings by which the concerned Tahsildar has initiated for removal of encroachment is not in accordance with law. 3 4. Learned counsel for the State submits that since the complaint has been made before the concerned Tahsildar regarding illegal encroachment of the petitioner, as such the proceedings has been initiated. 5. I have heard learned counsel for the respective parties and perused the material available on record. 6. Considering the aforesaid aspect of the matter, particularly considering the fact that vide order dated 10.12.2015 (Annexure-P/2), the concerned Gram Panchayat Saragaon, Block Chhura, District Gariyaband (C.G.) has allotted a piece of land in favour of the petitioner, upon which the petitioner has constructed a house. As such the complaint, which has been made by the concerned Gram Panchayat seems to be is not in accordance with law. 7. In view of above, the matter is relegated to the concerned Gram Panchayat for reconsideration regarding the allotment of land in favour of the petitioner and to pass an appropriate order, in light of the order dated 10.12.2015 based on resolution dated 02.02.2021 within a period of 45 days from today. 8. It is further directed that till 45 days no coercive steps shall be taken against the petitioner. However, the concerned Gram Panchayat as well as the concerned officers are at liberty to pass an appropriate order in accordance with law. 9. It is made clear that this Court has not made any observations on the merits of the case of the petitioner. 10. With aforesaid observation and direction, this writ petition stands disposed of. 11. Interlocutory application(s), pending if any, also stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Deepti Jha