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2026 DAILYLAW 25615 (CHH)

RAJKUMAR TANDAN v. STATE OF CHHATTISGARH

WPC/3516/2026 · 2026-07-07

Shri Amitendra Kishore Prasad

body2026

Judgment text

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1 CGHC010252602026 2026:CGHC:28110 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3516 of 2026 1 - Rajkumar Tandan S/o Late Shri Basant Ram Tandan, aged about 55 years, R/o Village Dauna P.S. and Tehsil- Sargaon Pathariya District - Mungeli, Chhattisgarh ... Petitioner Versus 1 - State of Chhattisgarh Through Its Secretary Department Of Panchaya And Rural Development Mahanadi Bhawan Mantralaya Capital Complex Atal Nagar New Raipur District- Mungeli Chhattisgarh. 2 - Collector District- Mungeli Chhattisgarh. 3 - Sub Divisional Officer (Revenue ) Mungeli District Mungeli, Chhattisgarh. 4 - Chief Executive Officer Zila Panchayat Mungeli District Mungeli Chhattisgarh. 5 - Chief Executive Officer Janpad Panchayat Pathariya District Mungeli Chhattisgarh. 6 - Tehsildar Sargaon District Mungeli Chhattisgarh. Digitally signed by RAVVA UTTEJ KUMAR RAJU 2 7 - Sarpanch Secretary Of Gram Panchayat Dauna Tehsil - Sargaon District- Mungeli Chhattisgarh ... Respondents (Cause title is taken from CIS Periphery.) For Petitioner : Mr. G.K. Sahu, Advocate. For State : Mr. Sabyasachi Choubey, G.A. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 08/07/2026 1. The petitioner has filed the instant petition for following reliefs:- “10.1 That, this Hon’ble Court may kindly be please to direct the respondents to return the seized materials i.e., three tractors bricks, two bundle bamboos, four tin shed, cycle and other domestic utensils for livelihood to the petitioner. 10.2 That, this Hon’ble Court may kindly be please to direct the respondents to do not disposes the aforesaid land because the petitioner for livelihood cultivating the grains for his family in the interest of justice. 10.3 Any other relief/order which may be suitable in the facts and circumstances of the case, may also be granted.” 2. Learned counsel for the petitioner submits that the Tahsildar, Sargaon, District Mungeli (Chhattisgarh), has seized the building materials and other articles belonging to the petitioner on the ground that he is an encroacher and has encroached upon government land. It is further submitted that the petitioner is a poor person and, even if any encroachment is found, he ought to have been granted prior notice to remove the same before taking 3 coercive action. He further submits that although notices were issued to the petitioner and the articles have been seized, the petitioner is presently seeking only the return of the seized articles. Hence, the present petition. 3. Learned counsel for the State opposes the submission made by learned counsel for the petitioner stating that there is no provision of return of seized articles in the Chhattisgarh Land Revenue Code, 1959. 4. Heard learned counsel for the parties and perused the material available on record. 5. Having considered the submissions made by learned counsel for the parties, this Court deems it appropriate to dispose of the present petition with liberty to the petitioner to submit a fresh representation before the concerned authority, in addition to the earlier representation dated 23.02.2026, along with a copy of this order. The concerned Tahsildar shall consider and decide the same, in accordance with law, by passing an appropriate within 30 days from the date of receipt of the copy of this order. 6. With this observation and direction, the petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge U.K. Raju