1 CGHC010090652023 2026:CGHC:28519 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1480 of 2023 Dhelu Ram Patel S/o Bisnath Patel Aged About 84 Years R/o Village Bhansuli (K), Tahsil Patan, District Durg (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Panchayat And Rural Development Department, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 2 - Secretary Revenue Department, Mantralaya, Atal Nagar, Nawa Raipur District Raipur (C.G.) 3 - Commissioner Durg, Division District Durg (C.G.) 4 - Collector Durg, District Durg (C.G.) 5 - Chief Executive Officer Janpad Panchayat Patan, District Durg (C.G.) 6 - Sub Divisional Officer Revenue, Patan District Durg (C.G.) 7 - Tahsildar Patan, District Durg (C.G.) 8 - Secretary Of Village Panchayat Bhansuli (K) Tahsil Patan, District Durg (C.G.) ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Devendra Kumar Swarnkar, Advocate on behalf of Mr. Jitendra Gupta, Advocate For State : Mr. Shreyansh Mehta, Panel Lawyer YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2026.07.09 18:21:47 +0530 2 Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 09.07.2026 1. By filing the present writ petition under Article 226 of the Constitution of India, the petitioner has called in question the inaction on the part of the respondent authorities in not taking appropriate steps upon the complaint/application submitted by him seeking removal of encroachment made over the government pathway situated at Village Bhansuli (K), Tahsil Patan, District Durg (C.G.). The petitioner has also prayed for issuance of an appropriate direction to the respondent authorities, particularly respondent Nos.4 and 5, to consider and decide his pending representation and to take necessary action against the alleged encroachment, so that the public pathway used by the villagers may be restored to its original width and condition. The petitioner has prayed for following reliefs :- “10.1 That, the Hon'ble Court may kindly be pleased to allow the petition and kindly direct the respondent authorities particularly the respondent No.4 & 5 to decide the application within a stipulated period of time by staying construction work till disposal of the application, preferably within a period of one month, in the interest of justice. 10.2 That, this Hon'ble Court may kindly be pleased to grant any other relief, as it may deems fit and appropriate.” 3 2. Learned counsel appearing for the petitioner submits that the petitioner is a resident of Village Bhansuli (K), Tahsil Patan, District Durg (C.G.) and owns various movable and immovable properties in the said village, including land bearing Khasra No.568 situated adjacent to the disputed pathway. It is submitted that Survey No.527, area 0.3500 hectare, situated at Village Bhansuli (K), is recorded in the name of the State Government and is being used as a common pathway by the villagers for ingress and egress and for transportation from one place to another. Learned counsel submits that certain villagers have encroached upon the said government land situated in front of their respective houses, due to which the width of the pathway has substantially reduced from its original width of about 30 to 40 feet to merely 8 feet. 3. Learned counsel for the petitioner further submits that due to such illegal encroachment upon the public pathway, serious inconvenience is being caused not only to the petitioner but also to the villagers at large. It is submitted that during the rainy season, accumulation of water takes place in front of the petitioner's agricultural field and residential area due to obstruction created by the encroachers, resulting into public nuisance and hardship to the residents of the village. It is contended that the petitioner along with other villagers submitted a detailed representation dated 05.02.2021 before the competent authorities along with relevant documents, followed by a reminder 4 application dated 30.06.2021, and thereafter another representation dated 08.02.2023, requesting removal of illegal encroachment and protection of the public pathway. However, despite repeated approaches, no effective action has been taken by the authorities till date. 4. Learned counsel for the petitioner submits that in the meantime, the Gram Panchayat has commenced construction of a road over the existing pathway without first removing the encroachments, due to which the road is being constructed only over the reduced width of approximately 8 feet instead of the original pathway width. It is submitted that the petitioner had specifically requested the authorities to keep the construction work in abeyance till the illegal encroachments are removed and thereafter the road may be constructed in accordance with the actual width of the government land. However, the said representation has also remained pending consideration. Learned counsel submits that respondent No.7-Tahsildar is vested with powers under Section 248 of the Chhattisgarh Land Revenue Code, 1959 for removal of encroachment from government land, but no action has been initiated against the encroachers. 5. On the other hand, learned State counsel appearing for the respondents submits that the grievance raised by the petitioner relates to alleged encroachment over government land and the same requires verification at the level of the competent revenue authorities. It is submitted that necessary proceedings shall be 5 initiated in accordance with law and the representation submitted by the petitioner shall be considered and decided within a stipulated period. 6. I have heard learned counsel for the parties and perused the material available on record. 7. From the pleadings and documents brought on record, it appears that the petitioner has submitted representations before the concerned authorities alleging illegal encroachment over Government land bearing Survey No.527 situated at Village Bhansuli (K), Tahsil Patan, District Durg (C.G.), which is stated to be a public pathway being used by the villagers. The petitioner has specifically pleaded that due to such alleged encroachment, the width of the pathway has been reduced and the construction of road over such reduced portion would adversely affect the interest of the villagers and create further inconvenience. 8. In view of the submissions made by learned counsel for the parties and considering the nature of grievance raised by the petitioner, this Court is of the opinion that the issue regarding alleged encroachment over the Government land/pathway requires factual verification by the competent authority after considering the relevant revenue records and the actual position existing at the spot. Since no adjudication on the merits of the allegations of encroachment is required at this stage, the petitioner is granted liberty to submit a fresh representation before 6 the competent authority, raising all his grievances in respect of the alleged encroachments made by the concerned persons over the Government land and public pathway. 9. Accordingly, the present writ petition is disposed of with a direction that the petitioner shall submit a fresh representation before competent authority, along with all relevant documents and particulars, within a period of 30 days from the date of receipt of a certified copy of this order. 10. Upon receipt of such representation, the competent authority shall consider and decide the same in accordance with law, after conducting necessary verification/spot inspection and after providing due opportunity of hearing to all concerned persons who are likely to be affected by such decision. The aforesaid exercise shall be completed by the competent authority preferably within a period of 60 days from the date of receipt of the representation submitted by the petitioner. 11. Needless to observe that this Court has not expressed any opinion on the merits of the claim of the petitioner or on the existence or otherwise of any encroachment, and the competent authority shall take an independent decision strictly in accordance with law. 12. With the aforesaid direction, the writ petition stands disposed of. Sd/-d/- (Amitendra Kishore Prasad) Judge Yogesh